Fourth DCA Holds that Where Case is Dismissed Due to Standing, No Contractual Attorneys’ Fees In a devastating decision today out of Fourth District Court of Appeal, the Fourth agreed with the Third DCA’s Bank of New York Mellon et al. v. Fitzgerald decision and held that where a case is dismissed for failure to prove standing, the homeowner is…
Third DCA Holds No Standing Means No Attorneys Fees In a very important decision out of the Third District Court of Appeal today, in Bank of New York Mellon et al. v. Fitzgerald, the 3DCA held that where a defendant-homeowner raises and proves that the plaintiff-bank lacked standing to foreclose on a note at the…