Vives v. Wells Fargo Bank, N.A.

I respectfully disagree with the majority’s decision to deny rehearing. The relevant pleadings dictate that Ms. Vives, as the prevailing party on appeal, is entitled to an award of reasonable attorney’s fees. *18Although the concurring opinion is not binding authority, I have chosen to address it because I respectfully disagree.

The concurring opinion begins by noting that Ms. Vives moved for fees under the reciprocality provision set forth in section 57.105(7) “based not upon a fee provision in the mortgage, but rather a fee provision in the promissory note.” (footnote omitted). The concurring…