Schwades v. America's Wholesale Lender

Charles and Cathy Schwades voluntarily dismissed this appeal; however, we order that this case be remanded to the trial court because we conclude that a sanction in the form of the imposition of appellate attorney’s fees is warranted.1

In this case, the appellants argued that the trial court erred in dismissing their quiet title action. The basis of the action (i.e., that the appellee banks waived all rights secured by the note and mortgage by failing to respond to the Appellant’s demand that they prove the debt), was essentially the same as that in Badgley v. Suntrust Mortg. Inc., 134 So.3d…