SKORCZ
v.
WELLS FARGO BANK

Fla. 5th DCA | 2018-06-18
No. 5D17-2824
Florida District Court of Appeal, Fifth District (2018)

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Holding

A foreclosure judgment shall be reversed and the case remanded when the defendant bank confesses error in the proceedings.


Headnotes

[1] A party's confession of error in an appellate proceeding may serve as grounds for reversal and remand, and the prevailing party may recover reasonable attorney's fees for…

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Facts & Procedural History

Wells Fargo Bank obtained a final judgment of foreclosure against Skorcz on July 27, 2017. The appellant subsequently moved for attorney's fees on app…

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Opinion of the Court

PER CURIAM.

Pursuant to Wells Fargo Bank, N.A.’s Confession of Error, we reverse the trial court’s July 27, 2017 Final Judgment of Foreclosure and remand this matter to the trial court for further proceedings. Appellant’s Motion for Attorney’s Fees, filed September 19, 2017, is provisionally granted should Appellant ultimately be determined to be the prevailing party below. If so determined, the lower court shall determine and assess reasonable attorney’s fees for this appellate court proceeding. See Fla. R. App. P. 9.400(a), (b).

REVERSED and REMANDED.

WALLIS, LAMBERT, and EDWARDS, JJ., concur.


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