EVANDER, J.
Caribbean Condominium Limited Partnership and Ocean Palm Golf Club Partnership ("Appellants") appeal a supplemental final judgment awarding attorney's fees to the City of Flagler Beach under the Bert J. Harris Private Property Rights Protection Act ("Bert Harris Act"). The City cross-appeals the trial court's denial of its motion to recover its legal costs incurred in successfully defending Appellants' inverse condemnation claims. We affirm, without discussion, the trial court's award of attorney's fees to the City. However, we find merit to the City's cross-appeal. Because the City was the prevailing party on Appellants' inverse condemnation claims, we conclude that it was entitled to recover costs pursuant to section 57.041, Florida Statutes (2010).
In February 2010, Appellants filed suit against the City seeking relief under the Bert Harris Act.
While the appeal was pending, the City filed its motion for attorney's fees and costs. The trial court properly awarded the City attorney's fees for time expended in successfully defending Appellants' claims under the Bert Harris Act.
Section 57.041, Florida Statutes (2010), authorizes a "party recovering judgment" to be awarded his or her legal costs. That statute applies to all civil actions except those that are governed by specific statutes containing more particular provisions concerning the taxation of costs. See Morales v. Rosenberg, 919 So.2d 476, 480 (Fla. 3d DCA 2005).
Appellants argue that an award of costs in an inverse condemnation action is governed by section 73.091, Florida Statutes (2010). That section provides that in an eminent domain case, the "petitioner" shall pay "all reasonable costs incurred in the defense of the proceedings in the circuit court." § 73.091(1), Fla. Stat. Section 73.091 has been found by this court to be applicable in successful inverse condemnation actions. See Volusia Cty. v. Pickens, 435 So.2d 247 (Fla. 5th DCA 1983). There, we addressed the issue of whether a successful plaintiff in an inverse condemnation case should be entitled to recover fees and costs from the defendant governmental entity. In holding that the governmental entity was obligated to pay the successful plaintiff's fees and costs, we quoted the following language from State Road Department v. Lewis, 190 So.2d 598, 600 (Fla. 1st DCA 1966):
Pickens, 435 So.2d at 248.
However, we see no reason to apply section 73.091 in an inverse condemnation action where, as in the instant case, there has been a finding that no taking occurred. We find support for this conclusion from the supreme court's decision in Department of Transportation v. Gefen, 636 So.2d 1345 (Fla.1994). In Gefen, the property owner brought an inverse condemnation action against the Department of Transportation. 636 So.2d at 1346. The trial court found that a compensable taking had occurred and that determination was affirmed by the First District Court of Appeal. Id. The supreme court reversed, finding that no taking had occurred. Id.
Despite being unsuccessful in the appeal before the supreme court, Gefen sought attorney's fees under section 73.131(2), Florida Statutes (1991)-the provision governing the award of attorney's fees for appellate proceedings in eminent domain cases. Id. at 1347. That provision required a governmental entity to pay a property owner's reasonable appellate attorney's fees, except upon an appeal taken by a property owner in which the judgment of the lower court was affirmed. The supreme court denied Gefen's motion, finding the statute was not applicable where Gefen's inverse condemnation action had been unsuccessful:
Id. (internal citations omitted).
Thus, Gefen strongly suggests that section 73.091 (the eminent domain provision regarding the imposition of court costs), is similarly not applicable in an unsuccessful inverse condemnation action. See also Div. of Admin. v. Ideal Holding Co., 480 So.2d 243, 245 (Fla. 4th DCA 1985) ("The State correctly argues that an owner in an original proceeding seeking inverse condemnation must prove a taking in order to establish his right to have the State proceed according to Chapter 73."). Accordingly, we conclude that the trial court erred in its determination that section 73.091, rather than section 57.041, governed the City's request for costs.
AFFIRMED, in part; REVERSED, in part; REMANDED.
WALLIS, J., and HERNDON, L.D., Associate Judge, concur.