Bmr Funding, LLC v. Ddr Corp.

BLACK, Judge.

BMR Funding, LLC (BMR), timely appeals a final judgment awarding attorneys’ fees to DDR Corporation (DDR) and Carol J. Dunn, pursuant to section 57.105, Flori da Statutes (2009), and the provisions of loan documents that were the subject of foreclosure proceedings. Because we conclude that DDR and Dunn failed to plead entitlement to attorneys’ fees, we reverse.

FACTUAL BACKGROUND

On December 21, 2007, BMR’s predecessor in interest, M & I Marshall and Usley Bank (M & I), filed an action seeking foreclosure of its mortgage against DDR. It also sought damages for breach of a…