Legal Opinion

Cacho v. Bank of New York Mellon

District Court of Appeal of Florida

Decided September 25, 2013No. 3D12-3373PublishedCited by 3 opinions

1Opinion of the Court

WELLS, Judge.

The Law Offices of La Ley con John H. Ruiz, P.A. appeals from an order denying its motion to assess attorney’s fees against The Bank of New York Mellon in this now dismissed mortgage foreclosure case. Because no legal basis exists to support an award of fees in this matter in favor of Ruiz against the Bank, we affirm.

This action commenced in October of 2009 when the Bank sought to foreclose a loan secured by a mortgage executed by Jaime Cacho. Cacho initially was represented by John Ruiz (and his firm) who filed an answer and affirmative defenses on Cacho’s behalf. In that…

2Cases cited13 opinions

  1. Sinclair, Etc. & Zavertnik, PA v. BaucomSupreme Court of Florida · 1983
  2. Daniel Mones, PA v. SmithSupreme Court of Florida · 1986
  3. Litman v. FINE, JACOBSON, SCHWARTZDistrict Court of Appeal of Florida · 1987
  4. Valcarcel v. CHASE BANK USA NADistrict Court of Appeal of Florida · 2010
  5. Bortz v. BortzDistrict Court of Appeal of Florida · 1996

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Florida Community Bank, N.A. v. Red Road Residential, LLCDistrict Court of Appeal of Florida · 2016
  2. LEE COUNTY, FLORIDA v. DEAN WISH, LLCDistrict Court of Appeal of Florida · 2024
  3. Saga Bay Gardens Condominium Ass'n v. For the Appointment of Blanket ReceiverDistrict Court of Appeal of Florida · 2013

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