CHEMICAL REALTY CORPORATION, A NEW YORK CORPORATION, APPELLANT,
v.
FLAGLER CENTER BUILDING LOAN CORPORATION ET AL., APPELLEES
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Chemical Realty Corporation appealed the trial court's dismissal of its mortgage foreclosure action and imposition of court fees. The court affirmed the dismissal and fee assessment, holding that the trial court properly implemented the appellate court's prior mandate to dismiss the action entirely and impose fees against the losing party.
The trial court properly dismissed the mortgage foreclosure action in compliance with the prior appellate mandate and properly assessed fees for the court commissioner, co-conservator, and their attorneys against Chemical Realty Corporation as the party that originally brought and lost the foreclosure action.
[1] A trial court's final orders are affirmed when they fully comply with a prior appellate mandate directing the dismissal of an action.
[2] A losing party in a mortgage foreclosure action may be properly assessed fees for a court commissioner, co-conservator, and their attorneys.
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Join FLexlaw to unlock all legal intelligence“our prior decision in this cause reversed the mortgage foreclosure judgment then under review in its entirety and remanded the cause to the trial court with directions to dismiss the action”
Establishes that the appellate court's prior mandate required complete dismissal of the foreclosure action
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Join FLexlaw to unlock all legal intelligenceChemical Realty Corporation initiated a mortgage foreclosure action against Flagler Center Building Loan Corporation. The case had previously been app…
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PER CURIAM.
The final orders under review dismissing the instant mortgage foreclosure action and imposing certain fees [for the court commissioner, the co-conservator and their attorneys] upon the appellant Chemical Realty Corporation, which orders were entered by the trial court subsequent to our mandate in Flagler Center Building Loan Corp. v. Chemical Realty Corp., 363 So. 2d 344 (Fla. 3d DCA 1978), are affirmed upon a holding that: (a) our prior decision in this cause reversed the mortgage foreclosure judgment then under review in its entirety and remanded the cause to the trial court with directions to dismiss the action, Flagler Center Building Loan Corp. v. Chemical Realty Corp., 363 So. 2d 344, 350 (Fla. 3d DCA 1978), (b) the trial court orders now under review fully comply with our prior mandate, and, in view of the required order of dismissal of the action, properly reassess the fees for the court commissioner, co-conservator and their attorneys against the appellant Chemical Realty Corporation who originally brought the instant mortgage foreclosure action and is now the losing party, Jackson v. H.M. Wade Manufacturing Co., 105 Fla. 560,142 So. 228 (1932), and (c) the discussion in our prior opinion herein relating to the commissioner’s fees and costs and the commissioner’s attorneys fees merely concluded that there had been no stipulation on such fees and did not affirm that portion of the final judgment as, indeed, our decision clearly reversed the final judgment in its entirety and remanded with directions to dismiss the action. Flagler Center Building Loan Corp. v. Chemical Realty Corp., 363 So. 2d 344, 348-49 (Fla. 3d DCA 1978).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wm. W. Jackson v. H. M. Wade Mfg. Co., Inc., 105 Fla. 560 (Fla. 1932)
- Flagler Ctr. Bldg. Loan Corp. v. Chem. Realty Corp., 363 So. 2d 344 (Fla. 3d DCA 1978)