THE FLORIDA STATE UNIVERSITY, BOARD OF TRUSTEES, v. BRENDA MONK

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THE FLORIDA STATE UNIVERSITY, BOARD OF TRUSTEES, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-2949 v. BRENDA MONK, Appellee. _____________________________/ Opinion filed May 10, 2013. An appeal from the Circuit Court for Leon County. Kevin Carroll, Judge. Brian C. Keri, Tallahassee, for Appellant. Brant Hargrove, Tallahassee, for Appellee. PER CURIAM. We affirm the trial court s denial of appellant s motion for attorney s fees pursuant to section 57.105, Florida Statutes (2009), finding no abuse of discretion. However, the trial court did not have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041, Florida Statutes (2009). Campbell v. State, Dep t of Legal Affairs, 38 Fla. L. Weekly D596 (Fla. 1st DCA Mar. 8, 2013). Accordingly, we reverse and remand for the taxation of costs in appellant s favor. AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings. PADOVANO, THOMAS, and SWANSON, JJ., CONCUR. 2

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