WELLS FARGO BANK N.A.
v.
JOSEPH B. ELKIND A/K/A JOSEPH ELKIND
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The Fourth District Court of Appeal of Florida affirmed a lower court's decision in a case involving Wells Fargo Bank, N.A. and Joseph B. Elkind. The court's per curiam affirmance indicates agreement with the lower court's ruling without extensive elaboration.
The appellate court affirmed the lower court's decision. The court cited Applegate v. Barnett Bank of Tallahassee as the basis for its affirmance.
[1] A voluntary dismissal of a lawsuit without prejudice, prior to any determination on the merits of a standing defense, does not preclude a defendant from recovering attorn…
[2] A party who prevails on an argument that dismissal is required because the plaintiff lacked standing to sue upon a contract cannot recover fees based upon a provision in…
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This quote directly states the court's decision on the appeal.
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Bruce K. Herman of The Herman Law Group, P.A. Fort Lauderdale, for appellee, Joseph B. Elkind a/k/a Joseph Elkind.
PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). GROSS, CONNER and KLINGENSMITH, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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- Roundtree v. State, 219 So. 3d 896 (Fla. 4th DCA 2017)
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