Howey Mansion, LLC D/B/A Florida Oranges, LLC D/B/A the Howey Mansion, LLC v. Anna Puett and Blush by Brandee Gaar, LLC
CourtDistrict Court of Appeal of Florida
Date FiledAugust 7, 2026
Docket5D2025-1766
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case Nos. 5D2025-1149
5D2025-1766
5D2025-1892
LT Case No. 2021-CA-000202
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ANNA PUETT,
Appellant,
v.
FLORIDA ORANGES, LLC d/b/a
HOWEY MANSION, LLC d/b/a The
HOWEY MANSION, and BLUSH BY
BRANDEE GAAR, LLC,
Appellees.
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On appeal from the Circuit Court for Lake County,
Michael G. Takac, Judge.
David Luck, of Morgan & Morgan, Miami, and Alexander M.
Clem, of Morgan & Morgan, Orlando, for Appellant.
Mark D. Tinker and Brandon J. Tyler, of Cole, Scott & Kissane,
P.A., Tampa, for Appellees, Florida Oranges, LLC, and Howey
Mansion, LLC.
Elizabeth A. Myers, of Smith Bigman Brock, P.A., Daytona
Beach, for Appellee, Blush By Brandee Gaar, LLC.
August 7, 2026
PER CURIAM.
This consolidated appeal involves Case Nos. 5D2025-1149,
5D2025-1766, and 5D2025-1892, all of which arose from the same
premises liability claim. The trial court granted summary
judgment for Howey Mansion, LLC, (“Howey Mansion”), and Blush
by Brandee Gaar, LLC, (“Blush”). But it denied Howey Mansion’s
request for attorney’s fees and costs.
We affirm all the trial court’s rulings, save one. Specifically,
we affirm the summary judgments for Howey Mansion and Blush.
We also affirm the denial of Howey Mansion’s motion for attorney’s
fees. But we reverse the denial of Howey Mansion’s motion for
costs under section 57.041, Florida Statutes.
As to the summary judgments, the trial judge correctly
entered the judgments because the evidence was “so one-sided”
that Howey Mansion and Blush were entitled to “prevail as a
matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252
(1986). Likewise, the trial court rightly denied Howey Mansion’s
motion for attorney’s fees under its joint proposal of settlement
with Florida Oranges because only one of the joint offerors
obtained a judgment and because the joint proposal required Puett
to settle with both offerors.
However, we reverse the trial court’s denial of costs to Howey
Mansion. Section 57.041(1) provides that the “party recovering
judgment shall recover all his or her legal costs and charges.”
(emphasis added). The statutory language is “unambiguous.”
Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315, 1316 (Fla.
1983). Meaning, the statute “demands that the party recovering
judgment be awarded costs.” Id. Howey Mansion recovered
judgment. It’s entitled to lawful costs. See Porath v. Nugent, 408
So. 3d 783, 784 (Fla. 4th DCA 2025) (“Where costs are sought based
on section 57.041(1), a trial court has no discretion to deny the
party obtaining judgment its lawful costs.” (quoting Roberts v.
Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020))).
AFFIRMED in part; and REVERSED in part; and REMANDED.
JAY, C.J., and EDWARDS and HARRIS, 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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