Legal Opinion

Wells Fargo Bank, National Ass'n v. Mailloux

District Court of Appeal of Florida

Decided October 30, 2015No. 2D14-5116Published

1Opinion of the Court

ALTENBERND, Judge.

Wells Fargo Bank appeals a final judgment awarding attorneys’ fees and costs for the representation of Lauri and Marc Mailloux in a foreclosure proceeding. Wells Fargo argues that the Maillouxes are not entitled to fees because their motion for fees and costs was filed more than thirty days after the service of Wells Fargo’s notice of voluntary dismissal, which was filed pursuant to Florida Rule of Civil Procedure 1.420(a)(1)(A). It also argues that the fee award is excessive. We affirm. We write primarily to explain that Wells Fargo had no legal right to compel the trial…

2Cases cited3 opinions

  1. Diaz v. BowenDistrict Court of Appeal of Florida · 2002
  2. Hammerl v. StateDistrict Court of Appeal of Florida · 2000
  3. Tunison v. Bank of America, N.A.District Court of Appeal of Florida · 2014

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