Attorney Fee Debate Heats Up as Florida Supreme Court Accepts Case

3 Responses

  1. The alternative means, as I stated below, are in subparts (1), and (2), of the statute.

  2. William Peterson,
    As a layman, I can’t understand for the life of me, how 6 big banks and their servicers and their attorneys can sue me, all knowing that they don’t have standing and fabricated dozens of documents, and when I win, I can’t recoup my attorneys fees.

    Why is that “having it both ways” and what are the “alternative ways” to recoup my attorney fees in Florida?

    Thank you in advance!

  3. This probably isn’t going to end the way aggrieved counsel are hoping.

    A read of the operative statute indicates, as the 4th DCA has stated, that in these circumstances sub (7) is not the proper vehicle for recouping costs/fees as prevailing party.

    You can’t have it both ways, 1) arguing THEY can’t enforce the contract against us, and 2) WE can enforce the contract against them.

    The statute provides for other means of recoupment of costs/fees, in subs (1), and (2). Why those alternative means were not utilized I can’t say.

    Roy Oppenheim is certainly deserving of props in foreclosure defense, but I think he, et. al., have missed the mark on this one.

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