Florida Supreme Court Reverses Fourth DCA on No Standing No Fees – Burr & Forman

Florida’s 3rd DCA reverses dismissal based on the technical admission. Burr & Forman LLP MEMBER FIRM OF . USA May 12 2015 wells. florida Supreme Court Accepts Jurisdiction in Glass on Fee.

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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 attorney’s fees under the attorney’s fee provisions found in loan documents after the defendant prevails on a standing defense.

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Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures. Burr & Forman LLP – Nicholas S. Florida’s Fourth DCA Holds Borrower is Not Entitled to Attorney’s Fees.

Florida Supreme Court Reverses Fourth DCA on No Standing No Fees The florida supreme court released an opinion in Glass v. Nationstar , SC17-1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, as it relates to attorney’s fee entitlement.

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Dismissal as to count V was sought based on the Pasquales lack of standing. The trial court granted the motions to dismiss counts I-III, reasoning that the complaint focused on the trust and did not even name the 2005 will. A trial court’s order of dismissal is reviewed de novo. See Horton v. Freeman, 917 So.2d 1064, 1066 (Fla. 4th DCA 2006).