concluding that defendants who purchased property subject to foreclosure proceeding at a different foreclosure proceeding on the same property were not parties to the mortgage, thus they were not entitled to recover prevailing party attorney’s fees under the mortgage
How later courts described this case
- concluding that defendants who purchased property subject to foreclosure proceeding at a different foreclosure proceeding on the same property were not parties to the mortgage, thus they were not entitled to recover prevailing party attorney’s fees under the mortgage
- finding that appellees were not entitled to recover attorney’s fees under the mortgage and section 57.105(7) because they were not parties to the mortgage
- holding that mortgage could not serve as basis for award of attorney’s fees to person who was not party to mortgage
- “Because the Strassburgers were not parties to the mortgage, they were not entitled to recover attorney’s fees under the mortgage.”
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING
KLEIN, J.
We grant Novastar’s motion for rehearing in one respect. The amount of attorney’s fees must be reconsidered by the trial court on remand because, under section 768.79, Florida Statutes the Strass-burgers are only entitled to attorney’s fees incurred after service of the offer of judgment. The motion for rehearing is otherwise denied.
WARNER and SHAHOOD, JJ., concur.