Legal Opinion
Brian Kelly a/k/a Brian K. Kelly v. BankUnited, FSB
District Court of Appeal of Florida
Decided March 18, 2015No. 4D14-2359PublishedCited by 15 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
FORST, J.
We grant the Motion for Rehearing filed by Appellee BankUnited, withdraw our previously issued opinion dated January 7, 2015, and replace it with the following:
Appellant Brian Kelly appeals the order denying his amended motion for attorneys’ fees in an underlying foreclosure action. He argues that, upon Appellee BankUnit-ed’s voluntary dismissal of the underlying foreclosure action, he was the prevailing party below for purposes of entitlement to attorneys’ fees under section 57.105(7), Florida Statutes. However, in light of the unique circumstances in this…
2Cases cited11 opinions
- Stockman v. DownsSupreme Court of Florida · 1991
- Thornber v. City of Ft. Walton BeachSupreme Court of Florida · 1990
- Alhambra Homeowners Ass'n, Inc. v. AsadDistrict Court of Appeal of Florida · 2006
- Padow v. KNOLLWOOD CLUB ASSOCIATION, INC.District Court of Appeal of Florida · 2003
- Tubbs v. Mechanik Nuccio Hearne & Wester, P.A.District Court of Appeal of Florida · 2013
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Radosevich v. Bank of New York MellonDistrict Court of Appeal of Florida · 2018
- WELLS FARGO BANK, N.A. v. MICHAEL MOCCIA and DENISE C. MOCCIADistrict Court of Appeal of Florida · 2018
- VALENCIA GOLF AND COUNTRY CLUB HOMEOWNERS' ASSOCIATION, INC. v. COMMUNITY RESOURCE SERVICES, INC.District Court of Appeal of Florida · 2019
- ASTRA REAL ESTATE, LLC v. RACHEL ELKARIFDistrict Court of Appeal of Florida · 2022
- CATAMARAN B.Y., INC. v. DEREN GIORDANODistrict Court of Appeal of Florida · 2022
10 more not listed; retrieve them via the Exa API.