Nudel v. Flagstar Bank – Attorneys’ Fees

In this mortgage foreclosure cases, the Fourth DCA found that the defendant homeowner was entitled to recover her attorneys’ fees as the prevailing party after she prevailed on a motion to dismiss.  The Plaintiff/Bank argued that the Defendant was not entitled to recover attorneys’ fees since she had not properly pled her claims as required by Stockman v. Downs, 573 So.2d 835, 837-38.  In upholding the fee award, the Fourth DCA reasoned that a motion to dismiss was not a pleading as defined by Rule 1.100(a), Fla. R. Civ. Pro.,  The Defendant could either raise the fee claim in the motion to dismiss or, alternatively, per Rule. 1.525, Fla. R. Civ. Pro., within 30 days following the dismissal of the action.

Nudel v. Flagstar Bank, 36 Fla. l. Wkly D1065 (Fla. 4th DCA May 18, 2011)