Florida District Courts of Appeal, 2018

Ellis v. U.S. Bank Trust, N.A.

Florida District Courts of Appeal · Decided October 24, 2018 · Gerber

255 So. 3d 389 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

BEVERLY A ELLIS and FREDERICK J. ELLIS v. US BANK TRUST, N.A. (Fla. Dist. Ct. App. 2021)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gerber, C.J.

*390The borrowers appeal from the trial court's order denying the borrowers' motion to tax costs and attorney's fees. We affirm the trial court's order as to the borrowers' attorney's fees pursuant to Nationstar Mortgage LLC v. Glass , 219 So.3d 896, 899 (Fla. 4th DCA 2017) ("A party that prevails on its argument that dismissal is required because the plaintiff lacked standing to sue upon the contract cannot recover fees based upon a provision in that same contract."), review granted, SC17-1387, 2018 WL 2069328 (Fla. Feb. 13, 2018). We affirm the trial court's order as to the borrowers' taxable costs because the borrowers did not preserve this request by evidence or argument at the hearing on the motion. See Aills v. Boemi , 29 So.3d 1105, 1110 (Fla. 2010) ("To be preserved for appeal, the specific legal ground upon which a claim is based must be raised at trial and a claim different than that will not be heard on appeal.") (alterations omitted).

Affirmed.

Levine and Klingensmith, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.