Florida Department of Health v. Joseph Redner

Summary

The First District Court of Appeal reversed a judgment awarding costs to Joseph Redner as a prevailing party under section 57.041, Florida Statutes. Because the court had previously reversed the underlying merits judgment in Redner’s favor, it held that he was no longer the prevailing party and remanded for further proceedings.

Holdings

1. A costs award to a prevailing party must be reversed when the underlying final judgment is reversed and the party is no longer the prevailing party.

Questions Presented

1. Whether a costs award to a prevailing party must be reversed when the underlying judgment establishing that party's prevailing-party status is later reversed.

Disposition

reversed_and_remanded