Vives v. Wells Fargo Bank, N.A.

Appellant-borrower, Monica Vives, contends on rehearing that the court overlooked or misapplied the reciprocality provision, found in section 57.105(7) of the Florida Statutes (2012),1 by failing to award her 'attorney fees as the prevailing party on appeal in this mortgage foreclosure action. I disagree.

Ms. Vives moved for attorney fees based not upon the fee provision in the mortgage, but rather a fee provision2 in the promisso*17ry note, which the mortgage secured. There is a difference. Bank of New York Mellon v. Reyes, 126 So.3d 304, 308 (Fla. 3d DCA Mar. 20, 2013) (citing Taylor v. Am.…