         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D18-3743
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FLORIDA DEPARTMENT OF
HEALTH,

    Appellant,

    v.

JOSEPH REDNER, an individual,

    Appellee.
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On appeal from the Circuit Court for Leon County.
Karen Gievers, Judge.

                         August 23, 2019


PER CURIAM.

     The Department of Health appeals a judgment awarding costs
to Joseph Redner as a prevailing party pursuant to § 57.041,
Florida Statutes. While this costs-related appeal was pending, this
court reversed the underlying merits judgment with directions to
enter judgment in favor of the Department instead of Mr. Redner.
Fla. Dep’t of Health v. Redner, 44 Fla. L. Weekly D 873 (Fla. 1st
DCA Apr. 3, 2019). Accordingly, we now reverse the final judgment
awarding costs to Mr. Redner because he is no longer the
prevailing party. See William G. Graney, P.E. v. Caduceus Props.,
LLC, 93 So. 3d 1243, 1244 (Fla. 1st DCA 2012) (reversing award of
costs as a prevailing party, where the underlying final judgment
had been reversed).
    REVERSED and REMANDED.

LEWIS, OSTERHAUS, and M.K. THOMAS, 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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Jason Gonzalez, Rachel Nordby, and Amber Stoner Nunnally of
Shutts & Bowen LLP, Tallahassee, for Appellant.

Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Appellee.




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