BROWN v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (2020)

District Court of Appeal of Florida, Second District.

Marlet BROWN and James Brown, Appellants, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION; Shingle Masters Roofing & Construction Services, Inc.; and Cross Creek Community Association, Inc., Appellees.

Case No. 2D18-1578

Decided: January 17, 2020

Michael Alex Wasylik of Ricardo & Wasylik PL, Dade City, for Appellants. Robert R. Edwards of Choice Legal Group, P.A., Ft. Lauderdale, for Appellee Federal National Mortgage Association. No appearance for remaining Appellees.

Marlet and James Brown appeal from the trial court's order denying their motion for attorney's fees and costs. The order was entered following the involuntary dismissal of Federal National Mortgage Association's (FNMA) foreclosure action. We affirm without comment the trial court's order to the extent that it denied the Browns' request for attorney's fees. But as conceded by FNMA, the Browns are entitled to an award of costs pursuant to Florida Rule of Civil Procedure 1.420(d). See Fassy v. Bank of N.Y. Mellon, 273 So. 3d 52, 53 (Fla. 4th DCA 2019). We therefore reverse the trial court's order to the extent that it denied the Browns' request for costs and remand for further proceedings.

Affirmed in part; reversed in part; remanded.

BLACK, Judge.

LUCAS and SMITH, JJ., Concur.

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