Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 2019

Floyd v. Bank of Am., N.A.

Floyd v. Bank of Am., N.A.
Florida District Courts of Appeal · Decided January 25, 2019 · Harris
262 So. 3d 270 (Southern Reporter, Third Series)
Floyd v. Bank of Am., N.A.

Cases that cite this one

1 later published case cites this decision.

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

HARRIS, J.

Appellant appeals the trial court's final order denying her motion for attorneys' fees following the involuntary dismissal of Appellee's residential mortgage foreclosure action. Appellant argues that she is entitled to attorneys' fees under section 57.105(7), Florida Statutes (2018), because she prevailed below by proving that while Appellee had standing at the time of trial, it lacked standing at the inception of the foreclosure suit. We agree. See Madl v. Wells Fargo Bank N.A., 244 So.3d 1134 (Fla. 5th DCA 2017) ; see also Glass v. Nationstar Mortg., LLC., 44 Fla. L. Weekly S100a --- So.3d ----, 2019 WL 98152 (Fla. Jan. 4, 2019) ; Harris v. Bank of N.Y. Mellon, 44 Fla. L. Weekly D141a, --- So.3d ----, 2018 WL 6816177 (Fla. 2d DCA Dec. 28, 2018).

Therefore, we reverse and remand for entry of an order granting Appellant's motion for attorneys' fees.

REVERSED and REMANDED

ORFINGER and EDWARDS, JJ., concur.

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