Legal Opinion
Vivot v. Bank of America, NA
District Court of Appeal of Florida
Decided June 7, 2013No. 2D12-2757PublishedCited by 2 opinions
1Opinion of the Court
SILBERMAN, Chief Judge.
Narciso Vivot appeals an order denying his motion for attorney’s fees in this foreclosure action that was filed by Bank of America’s predecessor in interest and was dismissed for failure to prosecute. Because Vivot was the prevailing party in the action, we reverse the order and remand for further proceedings.
On November 28, 2005, Vivot executed a promissory note and mortgage in favor of Mackinac Savings Bank. The note and mortgage were subsequently transferred to Countrywide Bank, and Bank of America is the successor by merger to Countrywide Bank. On April 15, 2009,…
2Cases cited4 opinions
- Raza v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Stout Jewelers, Inc. v. CorsonDistrict Court of Appeal of Florida · 1994
- Norland v. VILLAGES AT COUNTRY CREEK MASTER ASS'N, INC.District Court of Appeal of Florida · 2003
- J.P. Morgan Mortgage Acquisition Corp. v. GoldenDistrict Court of Appeal of Florida · 2012
3Cited by2 opinions
- Romaguera v. Trust Mortgage LLCDistrict Court of Appeal of Florida · 2018
- VICTOR TISON v. CLAIRMONT CONDOMINIUM F ASSOC., INC.District Court of Appeal of Florida · 2019