GHENT v. HSBC MORTGAGE SERVICES INC (2018)

District Court of Appeal of Florida, Fourth District.

Arlene GHENT a/k/a Arlene R. Ghent and David M. Henry, Appellants, v. HSBC MORTGAGE SERVICES, INC., Appellee.

No. 4D17-2187

Decided: December 19, 2018

Peter Ticktin, Kendrick Almaguer, and Thomas Eross, Jr. of The Ticktin Law Group, P.L.L.C., Deerfield Beach, for appellants. David Rosenberg, Cynthia L. Comras, and Jarrett Cooper of Robertson, Anschutz & Schneid, P.L., Boca Raton, for appellee.

The borrowers in this mortgage foreclosure case prevailed at trial; the circuit court granted their motion for involuntary dismissal for the failure of the plaintiff to prove its standing to foreclose. We affirm the court's order denying the borrowers' motion for attorney's fees. See Nationstar Mortg. LLC v. Glass, 219 So.3d 896 (Fla. 4th DCA 2017). We remand for the trial court to set an amount on the borrowers' motion to tax costs. See Fla. R. Civ. P. 1.420(d); Torres v. Bank of N.Y., 252 So.3d 274 (Fla. 4th DCA 2018).

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Gross, May, JJ., and Caracuzzo, Cheryl, Associate Judge, concur.

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