Florida Supreme Court Reverses Attorney’s Fees Decision in Foreclosure Action

On April 18, 2019, the Florida Supreme Court withdrew its decision allowing a borrower to seek attorney’s fees after the mortgage servicer voluntarily dismissed its appeal of an attempted foreclosure action.

In its previous decision, covered here, the Florida Supreme Court rejected the Fourth District Court of Appeals’ denial of a borrower’s motion for appellate attorney’s fees, explaining that, because the servicer moved to voluntarily dismiss the appeal, the borrower was the “prevailing party” under a contractual attorney’s fees provision.  However, in addressing the loan servicer’s Motion to Recall Mandate, the Florida Supreme Court concluded that jurisdiction to review the Fourth District Court of Appeals’ decision was “improvidently granted.”  As a result, the Florida Supreme Court withdrew its prior opinion, discharged jurisdiction, and dismissed its review proceeding.