Raza v. Deutsche Bank National Trust Co.

I respectfully dissent. This case centers not on what transpired at the hearing on attorney’s fees but rather on what was decided. The trial judge needed to award a reasonable fee, but under the circumstances could not fail to award any fee. For example, the majority cites to Bornschein, 987 So.2d 172, for the proposition that no findings by the trial court were required. But Bornschein was an offer of judgment fee case. Likewise, Bethune, 510 So.2d 1039, involved a frivolous claim under section 57.105.

The controlling law is set forth in Sorrentino v. River Run Condominium Association, 925…