A Locke Lord team successfully obtained an order in a Florida trial court denying a borrower’s request for an award of attorneys’ fees following an argument that the plaintiff lacked standing to foreclose. The trial court, located in Florida’s Second District, held that a party that prevails on a lack of standing argument cannot recover fees based on a provision in that same contract. The decision is significant because prior to the order no court in Florida’s Second District had denied an award of attorneys’ fees under these circumstances. The Locke Lord team included Tom Cunningham and Steve Brotman (all of West Palm Beach).
Posted July 31, 2017