Glass v. Nationstar Mortgage, LLCAnnotate this Case
The Supreme Court quashed the decision of the Fourth District Court of Appeal on the question of whether a voluntary dismissal provides a basis for being considered the prevailing party for the purpose of appellate attorney fees, holding that the court of appeal improperly denied appellate attorney’s fees based on the bank’s voluntary dismissal of the appeal.
Appellant, a homeowner, sought appellate attorney’s fees pursuant to Fla. Stat. 57.105(7) after a bank filed a notice of voluntary dismissal in the court of appeal. The court of appeal concluded that Appellant was not entitled to appellate attorney’s fees because she prevailed on her standing argument presented in the trial court. The Supreme Court quashed the decision below, holding (1) caselaw makes clear that a voluntary dismissal of an appeal renders the opposing party the prevailing party for the purpose of appellate attorney fees; and (2) Appellant was entitled to appellate attorney fees because the bank maintained its right to enforce the reverse mortgage contract in its appeal until the dismissal.