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: EVIDENCE: AFFIDAVITS: JUDICIAL NOTICE: APPEALS: PRESERVATION: OBJECTIONS ON APPEAL MUST BE THE SAME AS THOSE MADE IN TRIAL COURT: OBJECTIONS TO SPECIFIC ENTREES IN TIMESHEETS AND TO QUALIFICATIONS OF THE OPPOSING PARTY’S EXPERT WERE INSUFFICIENT TO PRESERVE AN OBJECTION TO JUDICIAL NOTICE OF THE AFFIDAVITS OF OPPOSING COUNSEL AND THE OPPOSING PARTY’S EXPERT

Waheed v. Brummer, ___ So. 3d ___, 40 Fla. L. Weekly D303 (Fla. 5th DCA January 30, 2015)

The appellant appealed from an award of attorney’s fees because the trial court took judicial notice of the affidavits of the appellees’ attorney and expert witness, but the appellate court refused to consider this issue because it was not raised in … Click To Read Full Case Law Review...

CONTRACTS: CONSTRUCTION: ARBITRATION: CONFIRMATION: ARBITRATOR DID NOT SHOW PARTIALITY BY COMMENTING ON EVIDENCE OR SEEKING CLARIFICATION OF PARTY’S POSITION: CONFIRMATION OF AWARD WAS INVALID BECAUSE ARBITRATOR RESERVED JURISDICTION TO AWARD INTEREST BUT HAD YET TO DO SO: CONFIRMATION OF PARTIAL AWARD WAS INVALID AND DID NOT DIVEST ARBITRATOR OF JURISDICTION TO AWARD INTEREST: ATTORNEY’S FEES: AWARD OF ATTORNEY’S FEES WAS NOT SUBJECT TO REVERSAL BASED UPON PREVAILING PARTY’S FAILURE TO ESTABLISH MARKET RATE OF ASSOCIATES AND PARALEGALS BECAUSE LOSER STIPULATED THAT WINNER WAS NOT REQUIRED TO PROVIDE EXPERT EVIDENCE ON REASONABLENESS OF FEES, LEAD PARTNER TESTIFED ABOUT RATES CHARGED OTHER CLIENTS AND THAT RATES WERE TYPICAL FOR REGION, AND LOSER DID NOT PROVIDE COUNTER EVIDENCE: REDUCTION OF LEDESTAR BASED ON LIMITED RECOVERY WAS NOT ABUSE OF DISCRETION: APPEALS: PRESERVATION: LOSER DID NOT PRESERVE RIGHT TO CHALLENGE CALCULATION OF INTEREST

Jomar Properties, L.L.C. v. Bayview Construction Corporation, ___ So. 3d ___, 40 Fla. L. Weekly D206 (Fla. 4th DCA January 14, 2015)

The contractor sought damages from the owner for breach of contract and to foreclose on a construction lien. After an evidentiary hearing, the arbitrator awarded damages to the contractor and reserved jurisdiction to award interest and attorney’s … Click To Read Full Case Law Review...

ESTATES: PROBATE: ADVERSARY PROCEEDINGS: ATTORNEY’S FEES: FLA. R. CIV. P. 1.525 APPLIES TO ADVERSARY PROBATE PROCEEDING IF JUDGMENT WAS ENTERED BEFORE SEPTEMBER 28, 2011, THE EFFECTIVE DATE OF THE AMENDMENT TO FLA. PROB. R. 5.025(d)(2)

Finnegan v. Compton, ___ So. 3d ___, 40 Fla. L. Weekly D208 (Fla. 4th DCA January 14, 2015)

Fla. Prob. R. 5.025(d)(2) was amended on September 28, 2011. Prior to the amendment, Fla. R. Civ. P. 1.525 applied to adversary probate proceedings; after the amendment, Rule 1.525 no longer applies. In this case, judgment in an adversary probate proceeding … Click To Read Full Case Law Review...

ESTATES: WILLS: WILL CONTEST: ATTORNEY’S FEES: CIVIL PROCEDURE: SETTLEMENT: RETENTION OF JURISDICTION TO ENFORCE TERMS OF SETTLEMENT AGREEMENT DID NOT EXCUSE FAILURE TO COMPLY WITH TIME REQUIREMENTS IMPOSED BY FLA. R. CIV. P. 1.525

Finnegan v. Compton, ___ So. 3d ___, 39 Fla. L. Weekly D2402 (Fla. 4th DCA November 19, 2014)

The parties to a will contest entered into a settlement agreement, which required the appellee to pay $40,000 to the appellant by a specific date or have judgment entered against her.  When the appellee defaulted, the trial court entered final judgment, … Click To Read Full Case Law Review...