MARLET BROWN, ET AL
v.
FEDERAL NATIONAL MORTGAGE ASSOCIATION
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.
A defendant is entitled to an award of costs pursuant to Florida Rule of Civil Procedure 1.420(d) following involuntary dismissal of a foreclosure action, though attorney's fees may be denied.
[1] A defendant is entitled to recover costs under Florida Rule of Civil Procedure 1.420(d) upon involuntary dismissal of an action, regardless of whether attorney's fees are…
Previewing 1 of 1 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 Browns are entitled to an award of costs pursuant to Florida Rule of Civil Procedure 1.420(d)”
Court's holding on the entitlement to costs following involuntary dismissal
Marlet and James Brown were defendants in a foreclosure action brought by Federal National Mortgage Association. The foreclosure action was involuntar…
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 Florida Rule Of Civil Procedure 1.420(D) cases and more on FLexlaw
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MARLET BROWN and JAMES BROWN, ) ) Appellants, ) ) v. ) Case No. 2D18-1578 )
FEDERAL NATIONAL MORTGAGE
) ASSOCIATION; SHINGLE MASTERS ) ROOFING & CONSTRUCTION SERVICES,) INC.; and CROSS CREEK COMMUNITY ) ASSOCIATION, INC., ) ) Appellees. ) ) Opinion filed January 17, 2020. Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Senior Judge. Michael Alex Wasylik of Ricardo & Wasylik PL, Dade City, for Appellants. Robert R. Edwards of Choice Legal Group, P.A., Ft. Lauderdale, for Appellee Federal National Mortgage Association. No appearance for remaining Appellees. BLACK, Judge.
Marlet and James Brown appeal from the trial court's order denying their motion for attorney's fees and costs. The order was entered following the involuntary dismissal of Federal National Mortgage Association's (FNMA) foreclosure action. We affirm without comment the trial court's order to the extent that it denied the Browns' request for attorney's fees. But as conceded by FNMA, the Browns are entitled to an award of costs pursuant to Florida Rule of Civil Procedure 1.420(d). See Fassy v. Bank of N.Y. Mellon, 273 So. 3d 52, 53 (Fla. 4th DCA 2019). We therefore reverse the trial court's order to the extent that it denied the Browns' request for costs and remand for further proceedings. Affirmed in part; reversed in part; remanded. LUCAS and SMITH, JJ., Concur.