Legal Opinion
Bank of New York Mellon Trust Co. v. Fitzgerald
District Court of Appeal of Florida
Decided March 1, 2017No. 16-0981PublishedCited by 26 opinions
1Opinion of the CourtLagoa, J.
The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A., as trustee for Chaseflex Trust Series 2007-2 (the “Bank”), appeals a final judgment awarding attorney’s fees to Jill Fitzgerald (“Fitzgerald”) pursuant to the reciprocity provision of section 57.105(7), Florida Statutes (2014). Because Fitzgerald successfully obtained a judgment below that the Bank lacked standing to enforce the subject mortgage and note against her, we find that no contract existed between the Bank and Fitzgerald that would allow Fitzgerald to invoke the reciprocity provisions of…
2Cases cited9 opinions
- Leitman v. BooneDistrict Court of Appeal of Florida · 1983
- Florida Medical Center, Inc. v. McCoyDistrict Court of Appeal of Florida · 1995
- Florida Community Bank, N.A. v. Red Road Residential, LLCDistrict Court of Appeal of Florida · 2016
- HFC Collection Center, Inc. v. AlexanderDistrict Court of Appeal of Florida · 2016
- ATTORNEY'S TITLE INS. FUND v. Landa-PosadaDistrict Court of Appeal of Florida · 2008
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Nationstar Mortgage LLC v. GlassDistrict Court of Appeal of Florida · 2017
- Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
- DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE RALI 2006-QS6 v. TERRI P. PAGEDistrict Court of Appeal of Florida · 2019
- WELLS FARGO BANK, N.A. v. MICHAEL MOCCIA and DENISE C. MOCCIADistrict Court of Appeal of Florida · 2018
- Azalea Trace, Inc. v. Nora Matos and Arnold EskinDistrict Court of Appeal of Florida · 2018
21 more not listed; retrieve them via the Exa API.