Rashid v. Newberry Federal Savings & Loan Ass'n

In Rashid v. Newberry Federal Savings & Loan Ass’n, 502 So.2d 1316 (Fla. 3d DCA 1987),. we reversed a final summary judgment in favor of the mortgagee because of its failure to give the required notice of default to the mortgagor prior to the institution of the mortgage foreclosure proceeding. Implicit in our opinion was the requirement that upon remand the proceeding be dismissed. In an unpublished order of this court, which accompanied the opinion, the successful mortgagor was awarded appellate counsel fees as provided for by the underlying instrument. After our mandate was lodged in the…