New Case Law: Broward Lawyer Victorious in Attorney-Fee Dispute That Hinged on Legal Standing | Daily Business Review - Law.com
What You Need to Know
- Florida Supreme Court ruling in Page v. Deutsche Bank Trust held that a borrower may recover reciprocal attorney fees under Fla. Stat. § 57.105(7), when it prevails at trial after asserting lack of standing as an affirmative defense.
- An attorney said one impact of the state appellate court reversal is the leveling of the playing field for Florida homeowners against insurance companies.
Florida’s Third District Court of Appeal ruled that a lawyer who raised standing as an affirmative defense was not barred from recovering attorney fees for his client, pointing to the ripple effect of new case law recently handed down by the Florida Supreme Court.
Evan M. Rosen, a solo practitioner based in Hollywood, represented Roberto and Solangel Verde against HSBC Bank USA, National Association. The case was initially before Miami-Dade Circuit Judge Rodolfo A. Ruiz, who denied Rosen’s § 57.105(7) motion for prevailing-party attorney fees.
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source: https://www.law.com/dailybusinessreview/2022/01/07/new-case-law-broward-lawyer-victorious-in-attorney-fee-dispute-that-hinged-on-legal-standing/
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