DEUTSCHE BANK, NATIONAL TRUST CO., AS TRUSTEE
v.
WILLIAM F. NOLL
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Once an underlying judgment is reversed on appeal, the non-prevailing party cannot receive attorney's fees awarded based on that judgment.
[1] An award of attorney's fees predicated on a final judgment must be reversed when that underlying judgment is reversed or vacated on appeal, because the party is no longer…
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Join FLexlaw to unlock all legal intelligence“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees.”
Court citing Marty v. Bainter for the principle governing reversal of fee awards
Deutsche Bank sued to foreclose on a mortgage held by William F. Noll, III. The trial court granted summary judgment dismissing Deutsche Bank's forecl…
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ATKINSON, Judge.
Deutsche Bank National Trust Company ("Deutsche Bank") appeals the final judgment awarding William F. Noll, III, the attorney's fees and costs that he incurred as a prevailing party after he obtained a final summary judgment dismissing
Deutsche Bank's foreclosure case. Deutsche Bank successfully appealed that underlying judgment in case number 2D16-5635. As such, because Mr. Noll is no longer the prevailing party and no longer entitled to an award of fees and costs on that basis, we must reverse. See US Bank Nat'l Ass'n for CSFB Heat 2006-7 v. Tranumn,
234 So. 3d 871, 872 (Fla. 1st DCA 2018) (citing Marty v. Bainter, 727 So. 2d 1124,
1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees. Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.")).
Reversed and remanded.
SILBERMAN and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- US Bank Nat'l Ass'n FOR CSFB Heat 2006-7 v. Tranumn, 234 So. 3d 871 (Fla. 1st DCA 2018)