Legal Opinion
Florida Community Bank, N.A. v. Red Road Residential, LLC
District Court of Appeal of Florida
Decided June 8, 2016No. 3D15-2039PublishedCited by 19 opinions
1Opinion of the CourtScales, J.
Florida Community Bank, N.A. (“the Bank”), the plaintiff below, appeals a judgment awarding, attorney’s fees to defendant and appellee Ada Rios. We reverse the judgment because Ada Rios failed to meet her burden to establish that she was a party to the underlying mortgage containing the attorney’s fee provision.
I. Facts
After the corporate borrower and its guarantor, Jesus Rios, defaulted on a loan owed to the Bank, the Bank modified the borrower’s loan by advancing additional funds to the guarantor and acquiring additional collateral for the loan. As part of its additional collateral for this…
2Cases cited7 opinions
- Willis Shaw Express, Inc. v. Hilyer Sod, Inc.Supreme Court of Florida · 2003
- Lago v. Kame By Design, LLCDistrict Court of Appeal of Florida · 2013
- HFC Collection Center, Inc. v. AlexanderDistrict Court of Appeal of Florida · 2016
- Novastar Mortgage, Inc. v. StrassburgerDistrict Court of Appeal of Florida · 2003
- Concrete & Lumber Enterprises Corp. v. Guaranty Business Credit Corp.District Court of Appeal of Florida · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bank of New York Mellon Trust Co. v. FitzgeraldDistrict Court of Appeal of Florida · 2017
- Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
- Azalea Trace, Inc. v. Nora Matos and Arnold EskinDistrict Court of Appeal of Florida · 2018
- DOMENIC GROSSO a/k/a DOMENIC L. GROSSO v. HSBC BANK USA, N.A.District Court of Appeal of Florida · 2019
- GREEN EMERALD HOMES, L L C v. RESIDENTIAL CREDIT OPPORTUNITIES TRUSTDistrict Court of Appeal of Florida · 2018
14 more not listed; retrieve them via the Exa API.