The Florida Supreme Court’s opinion, which reversed the Fourth District Court of Appeal ruling in a case of the same name, 219 So. 3d 896, discussed when a defendant in foreclosure can recover.
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Florida Supreme Court Reverses Fourth DCA on No Standing No Fees.. the Fourth District Court of Appeal held that where a borrower prevails on the issue of standing, the borrower cannot utilize.
Florida Supreme Court Opinions. Opinion Release: The Clerk’s Office typically releases opinions at 11 a.m. each Thursday. Court staff posts them to this website as soon as possible thereafter. There will be times when opinions may be released outside of this schedule, such as in emergencies.
The Florida Supreme Court’s opinion, which reversed the Fourth. recover attorney’s fees under the attorney’s fee provisions found in loan documents after the defendant prevails on a standing.
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Id. at 899. The bank argues that because this court reversed the final judgment in the first appeal based on the homeowners’ argument that the bank lacked standing, the trial court could not award fees based on a provision of the mortgage contract which the bank had no right to enforce. This, the bank argues, has become the "law of the case."
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