Attorneys and Attorneys’ Fees

Green Tree Servicing, LLC v. Avila

Trial court erred in awarding attorney’s fees after mortgage foreclosure action was dismissed for lack of prosecution because mortgage servicer’s attorney was not sent and did not receive notice of hearing.  Green Tree Servicing, LLC v Avila, 41 Fla. L. Weekly D1716 (Fla. 3d DCA July 27, 2016).

Villalona v. 21st Mortgage Corp.

In second foreclosure suit, appellate court granted petition for writ of certiorari and quashed circuit court’s order denying motion to stay the matter until plaintiff paid attorney’s fees and costs incurred in first foreclosure action that had been dismissed because plaintiff as an assignee stands in the shoes of the first plaintiff.  Villalona v. 21st Mortgage Corp., 41 Fla. L. Weekly D1736 (Fla. 4th DCA July 27, 2016) (substituting opinion reported at 41 Fla. L. Weekly D1079).

Cruz v. Citimortgage, Inc.

Appellate court denied borrower’s petition for writ of prohibition, because a trial court is not required to rule on the validity of prior service before considering a challenge to “re-service.”  Cruz v. Citimortgage, Inc., 197 So.3d 1185 (Fla. 4th DCA July 13, 2016).

Watson v. Stewart Tilghman Fox & Bianchi, P.A.

A “trial court does not abuse its discretion in ordering a party to pay attorney’s fees pursuant to section 57.105(1), on the court’s own initiative, when a motion is filed by a party and the moving party fails to comply with the safe harbor requirements of the rule, as long as it can be determined from the record that the trial court is not simply adopting the moving party’s defective motion.”  Watson v. Stewart Tilghman Fox & Bianchi, P.A., 195 So.3d 1163 (Fla. 4th DCA June 29, 2016).

Nunez v. Allen

Trial court erred by awarding attorney’s fees per section 768.79, Florida Statutes and Florida Rule of Civil Procedure 1.442 because provision that proposal included “all damages” claimed was ambiguous as to whether it was limited to the defendant the proposal was submitted to or also included claims against other co-defendants.  Nunez v. Allen, 194 So.3d 554 (Fla. 5th DCA June 24, 2016).

Amanzimtoti Properties, LLC v. Ocwen Loan Servicing, LLC,

In mortgage foreclosure action, trial court erred by including attorney’s fees in judgment because issue was not liquidated and needed to be addressed by an evidentiary hearing.  Amanzimtoti Properties, LLC v. Ocwen Loan Servicing, LLC, 41 Fla. L. Weekly D1475 (Fla. 4th DCA June 22, 2016). 2016 WL 3421294