# Novastar Mortgage, Inc. v. Strassburger

> District Court of Appeal of Florida · July 30, 2003 · 855 So. 2d 130

URL: https://www.frixlaw.com/law-library/cases/7761655

## Case

- **Full name:** NOVASTAR MORTGAGE, INC. v. James P. STRASSBURGER, and Euphemia Strassburger
- **Court:** District Court of Appeal of Florida
- **Decided:** July 30, 2003
- **Citations:** 855 So. 2d 130; 2003 Fla. App. LEXIS 11716; 2003 WL 21749617
- **Precedential status:** Published
- **Opinion:** On rehearing by Klein
- **Judges:** Klein, Shahood, Warner
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7761655

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7761655. Public record. Not legal advice.