Goodman Distribution, Inc. v. Christopher A. Williams
CourtDistrict Court of Appeal of Florida
Date FiledJune 29, 2020
Docket1D19-1161
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1161
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GOODMAN DISTRIBUTION, INC.,
Appellant,
v.
CHRISTOPHER A. WILLIAMS,
Appellee.
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On appeal from the Circuit Court for Columbia County.
Leandra G. Johnson, Judge.
June 29, 2020
PER CURIAM.
Goodman Distribution, Inc. (Goodman), challenges the trial
court’s denial of its motion for attorney’s fees and costs pursuant
to sections 768.79 and 57.041, Florida Statutes (2018). We find no
error in the trial court’s denial of Goodman’s motion for attorney’s
fees and costs pursuant to section 768.79. We find that the trial
court erred by denying Goodman’s motion for costs pursuant to
section 57.041 because the trial court failed to hold an evidentiary
hearing on this matter. See Tesla Elec., Armature & Mach., Inc. v.
JLM Advanced Tech. Servs. Inc., 128 So. 3d 865, 866 (Fla. 1st DCA
2013) (holding that costs under section 57.041 are mandatory and
a trial court errs when it does not afford the moving party the
opportunity to show that the requested costs were reasonably
necessary to its defense at an evidentiary hearing). Accordingly,
we reverse and remand the case to the trial court for an
evidentiary hearing on Goodman’s motion for costs pursuant to
section 57.041.
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF, ROBERTS, and WINOKUR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jesse Ryan Butler and A. James Rolfes of Dickinson & Gibbons,
P.A., Sarasota; Christine R. Davis of Carlton Fields, Tallahassee,
for Appellant.
Jennifer Biewend and Kris B. Robinson of Robinson, Kennon &
Kendron, P.A., Lake City, for Appellee.
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