CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: ALL THREE DEFENDANTS’ NOMINAL PROPOSALS FOR SETTLEMENT WERE MADE IN GOOD FAITH BASED UPON PLAINTIFF’S CONCESSIONS: TRIAL COURT ERRED IN AWARDING ONE DEFENDANT ONLY ONE-THIRD OF HIS ATTORNEY’S FEES BECAUSE ALL THREE DEFENDANTS HIRED ONE LAW FIRM TO REPRESENT THEM BASED UPON THE SAME THEORY OF DEFENSE

 Isaias v. The H.T. Hackney Co., ___ So. 3d ___, 40 Fla. L. Weekly D753 (Fla. 3d DCA March 25, 2015)

The plaintiff sued three defendants for unpaid invoices. Each defendant filed a proposal for settlement for $500. After the defendants prevailed on the merits, the trial court found that only one of the proposals was made in good faith … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DAMAGES: PORTIONS OF JUDGMENT RELATING TO INTEREST, PROPERTY INSPECTION FEES, AND ATTORNEY’S FEES WERE REVERSED BECAUSE OF THE LACK OF COMPETENT, SUBSTANTIAL EVIDENCE SUPPORTING THESE COMPONENTS OF THE JUDGMENT: CIVIL PROCEDURE: DO OVER: REMAND FOR EVIDENTIARY HEARING

Boyette v. BAC Home Loans Servicing, LP, ___ So. 3d ___, 40 Fla. L. Weekly D674 (Fla. 2d DCA March 18, 2015)

The appellate court in a mortgage foreclosure reversed final judgment to the extent that it awarded interest, property inspection fees, and attorney’s fees because of the absence of competent, substantial evidence to support those components of the final … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: VOLUNTARY DISMISSAL: ATTORNEY’S FEES: DEFENDANT WAS NOT ENTITLED TO ATTORNEY’S FEES WHEN PLAINTIFF DISMISSED FORECLOSURE ACTION AFTER SHORT SALE BECAUSE NEITHER PARTY SUBSTANTIALLY PREVAILED: APPLICATION OF GENERAL RULE THAT DEFENDANT IS PREVAILING PARTY WHEN PLAINTIFF TAKES A VOLUNTARY DISMISSAL WOULD EXALT FORM OVER SUBSTANCE UNDER CIRCUMSTANCES OF THIS CASE

Kelly v. Bankunited, FSB, ___ So. 3d ___, 40 Fla. L. Weekly D684 (Fla. 4th DCA March 18, 2015)

The defendant in a mortgage foreclosure was not entitled to attorney’s fees when the plaintiff voluntarily dismissed the action after a short sale of the property because neither party substantially prevailed. Although the general rule is that the defendant is … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: FORGED SIGNATURES ON LOAN DOCUMENTS: ATTORNEY’S FEES: DEFENDANTS WERE NOT ENTITLED TO ATTORNEY’S FEES BASED UPON THE LOAN DOCUMENTS BECAUSE THE DEFENDANTS WERE NEVER A PARTY TO THOSE DOCUMENTS: DEFENDANTS WERE NOT ENTITLED TO ATTORNEY’S FEES BASED UPON SECTION 57.105(7), FLORIDA STATUTES, BECAUSE THEY WITHDREW THEIR CLAIM FOR FEES BASED ON THE STATUTE: DEFENDANTS WERE NOT ENTITLTED TO FEES BASED UPON THE INEQUITABLE CONDUCT DOCTRINE BECAUSE THE TRIAL COURT FOUND THAT THE BANK’S LAWYER DID NOT ENGAGE IN IMPROPRIETIES OR UNETHICAL CONDUCT, AND THE TRIAL COURT WAS NOT CONVINCED THAT THE BANK DID ANYTHING WRONG

The Bank of New York Mellon v. Mestre, ___ So. 3d ___, 40 Fla. L. Weekly D642 (Fla. 5th DCA March 13, 2015)

After an evidentiary hearing, the trial court in a mortgage foreclosure struck the bank’s pleadings with prejudice because the defendants’ signatures did not appear on the mortgage. The trial court also awarded substantial attorney’s fees to … Click To Read Full Case Law Review...

ATTORNEY’S FEES: VALIDITY OF CONTINGENT FEE AGREEMENT; CIVIL PROCEDURE: DECLARATORY JUDGMENT: PREMATURE ACTION: ACTION TO DETERMINE VALIDITY OF CONTINGENT FEE AGREEMENT WAS PREMATURE BECAUSE IT WAS FILED BEFORE THE CONTINGENCY OCCURRED

CK Regalia, LLC v. Thornton, ___ So. 3d ___, 40 Fla. L. Weekly D625 (Fla. 3d DCA March 11, 2015)

An action for declaratory relief to determine the validity of a contingent fee agreement was properly dismissed with prejudice as premature because the action was filed before the contingency occurred and a fee arguably would have been earned.

To read … Click To Read Full Case Law Review...