Legal Opinion
Nudel v. Flagstar Bank, FSB
District Court of Appeal of Florida
Decided May 18, 2011No. 4D10-3001PublishedCited by 14 opinions
1Opinion of the CourtGross, C.J.
In this case we hold that a defendant is entitled to recover her attorney’s fees as a prevailing party under subsection 57.105(7), Florida Statutes (2009), after the court granted a motion to dismiss a mortgage foreclosure action and dismissed the case without prejudice.
On June 30, 2009, Flagstar Bank sued Tatyana Nudel to foreclose a mortgage. According to the mortgage, Flagstar was defined as the “lender” which lent Nudel $220,000; Mortgage Electronic Registration Systems, Inc., (“MERS”) was the “mortgagee” under the instrument, acting as a “nominee” for Flagstar; and Nudel was the…
2Cases cited8 opinions
- Stockman v. DownsSupreme Court of Florida · 1991
- Thornber v. City of Ft. Walton BeachSupreme Court of Florida · 1990
- Green v. SUN HARBOR HOMEOWNERS'ASS'NSupreme Court of Florida · 1998
- Alhambra Homeowners Ass'n, Inc. v. AsadDistrict Court of Appeal of Florida · 2006
- Sardon Foundation v. New Horizons Service Dogs, Inc.District Court of Appeal of Florida · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nationstar Mortgage LLC v. GlassDistrict Court of Appeal of Florida · 2017
- Raza v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Adrianna Mihalyi v. LaSalle Bank, N.A.District Court of Appeal of Florida · 2014
- Pinnacle Three Corp. v. EVS Investments, Inc.District Court of Appeal of Florida · 2016
- Tunison v. Bank of America, N.A.District Court of Appeal of Florida · 2014
9 more not listed; retrieve them via the Exa API.