Lopez v. Bank of America, N.A.

NORTHCUTT, Judge.

When Bank of America voluntarily dismissed its foreclosure action against Jaime and Viviana Lopez, the Lopezes sought attorney’s fees pursuant to Florida Rule of Civil Procedure 1.420(d), which addresses costs awardable to a defendant when a plaintiff voluntarily dismisses a case. But they had not pleaded entitlement to attorney’s fees in their answer to the bank’s complaint. The circuit court denied their motion for fees, and we affirm.

The Lopezes contend that they should be awarded attorney’s fees under rule 1.420(d) notwithstanding their failure to plead entitlement to…