Can a Prevailing Party Recover Costs in Florida?

Attorney fees and charges

The principle governing the recovery of attorney’s fees in Florida is the American rule. Under the American rule, the opposing sides in a legal dispute must pay their own attorney fees, regardless of who prevails. However, the American rule is only a default rule, and there are circumstances and exceptions in which a prevailing party may recover its expenses. In Florida, the rule entails a successful litigant to recover attorney’s fees when authorized by contract, statute, or court rule. Still, questions remain regarding whether a prevailing party is automatically entitled to attorney’s costs, which are separate and distinct from attorney fees.

Is a prevailing party in litigation entitled to recover any costs?

Under section 57.041(1) of the Florida Statutes, when a party prevails in litigation, it should be entitled to recover costs incurred in connection with the litigation. Section 57.041(1) states, “the party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” However, the taxable or recoverable costs the prevailing party is entitled to are within the trial court’s discretion. Additionally, in Florida, there are guidelines known as the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions that should be followed when considering which costs are taxable or recoverable.

These guidelines are separated into costs that should be recoverable, costs that may
be recoverable, and costs that should not be recoverable. Costs that should be recoverable or taxable include, but are not limited to, deposition fees, document and exhibit fees, and expert witness fees. Costs that may be taxed include mediation fees and expenses, expert travel expenses, and electronic discovery expenses. Lastly, some costs that should not be taxed include long-distance calls with witnesses, attorney travel time, and attorney travel expenses.

In a civil litigation, are attorney’s costs automatically awarded to the prevailing party?

Section 57.115 of the Florida Statutes states that a court may award a judgment debtor reasonable costs and attorney’s fees. So, a party may be entitled to attorney’s costs, but attorney’s costs are not automatically awarded to a prevailing party. Again, the taxation of costs in any particular matter is within the trial court’s broad discretion.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Eric P. Gros-Dubois founded EPGD Business Law in 2013 and is the current head of the firm’s corporate, estate planning, and tax practice, and manages the firm’s Washington D.C. office. With a JD and MBA, and a specialization in finance, Eric is able to step back and view the legal world through a commercial lens while also acting as a trusted business advisor for his clients. He does his best to be solutions oriented, and tries to think like a business owner, not just a lawyer.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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