
    Dr. Robert MONTANO, M.D., Appellant, v. STATE of Florida DEPARTMENT OF HEALTH, Appellee.
    No. 4D02-4106.
    District Court of Appeal of Florida, Fourth District.
    May 21, 2003.
    K.P. Jones of Jones '& Wolfe, P.A., Fort Lauderdale, for appellant.
    Charles J. Crist, Jr., Attorney General, Tallahassee, and Charles M. Fahlbusch, Assistant Attorney General, Fort Lauder-dale, for appellee.
   PER CURIAM.

Because Appellant did not recover a judgment in the case below, we reverse the award of costs. § 57.041, Fla. Stat. (2002) (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment .... ”). Regarding the other issues on appeal, we affirm.

AFFIRMED in part, REVERSED in part.

GUNTHER, KLEIN and TAYLOR, JJ., concur.  