LINDA SHAFFER
v.
DEUTSCHE BANK NATIONAL TRUST, ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the denial of trial-level attorneys' fees for a foreclosure judgment that was later reversed. It also dismissed the appeal regarding taxable costs because the trial court never ruled on that request.
The circuit court did not err in denying Shaffer's request for trial-level attorneys' fees. The issue of taxable costs is not ripe for review because the trial court never ruled on the request.
[1] When a foreclosure judgment is reversed on appeal, trial-level attorneys' fees may be properly denied under the Stockman v. …
[2] An appeal regarding an award of costs is dismissed as unripe when the trial court has not ruled on the request for costs, as appellate courts cannot decide issues not dec…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The circuit court denied her request based on application of the doctrine set forth in Stockman v. Downs, 573 So. 2d 835, 837 (Fla. 1991), and we affirm the denial of trial-level attorneys' fees without further comment.”
Establishes the basis for affirming the denial of attorneys' fees.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLinda Shaffer sought trial-level attorneys' fees and costs after a foreclosure judgment she obtained was reversed due to the plaintiff's lack of stand…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Taxable Costs cases and more on FLexlaw
MORRIS, Judge. Linda Shaffer appeals from the order denying her entitlement to trial-level attorneys' fees associated with a foreclosure judgment that was subsequently reversed
- 2 - on appeal.1 Downs, 573 So. 2d 835, 837 (Fla. 1991), and we affirm the denial of trial-level attorneys' fees without further comment. Shaffer also argues that the circuit court erred in failing to award her taxable, trial-level costs pursuant to Florida Rule of Civil Procedure 1.420(d) due to the involuntary dismissal of the underlying foreclosure action. Shaffer included a request for such costs in her motion.
However, the trial court never ruled on the request either orally at the hearing on the motion or in its written order.
Thus the issue is not ripe for our review, and we must dismiss that portion of the appeal. Cf. Parrish v. RL Regi Fin., LLC, 194 So. 3d 571, 571-72 (Fla. 2d DCA 2016) (dismissing portion of appeal dealing with attorneys' fees and costs as not ripe for review where order determining entitlement did not set amount of either award); Sierra v. Public Health Tr. of Dade Cnty., 661 So. 2d 1296, 1298 (Fla. 3d DCA 1995) (dismissing appeal where issue was not decided by trial court below and explaining that appellate courts cannot decide issues that were not decided by the trial court in the first instance).
Affirmed in part; dismissed in part. 1We reversed the underlying foreclosure judgment and remanded with instructions for the trial court to enter an involuntary dismissal due to Deutsche Bank National Trust Company's lack of standing at inception of the foreclosure action. See Shaffer v. Deutsche Bank Nat'l Tr. as Indenture Tr. for Am. Home Mortg. Inv. Tr. 2006-1, Mortg. Backed Notes Series 2006-1, 235 So. 3d 943, 945 (Fla. 2d DCA 2017). 2Shaffer filed a motion seeking an involuntary dismissal of the foreclosure action as well as an order of entitlement to trial-level attorneys' fees and taxable costs and entry of a judgment for appellate-level attorneys' fees.
The circuit court entered an order awarding appellate-level attorneys' fees and costs, and that judgment has been satisfied. After an evidentiary hearing on the issue of trial-level fees, the circuit court entered the order that is the subject of this appeal.
- 3 - CASANUEVA and STARGEL, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shaina Thane v. Rose Acceptance, Inc. (Fla. 4th DCA 2021)
Authorities Cited
- Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)
- Parrish v. RL Regi Fin., LLC, 194 So. 3d 571 (Fla. 2d DCA 2016)
- Shaffer v. Deutsche Bank Nat'l Tr., 235 So. 3d 943 (Fla. 2d DCA 2017)