WATERS v. WILMINGTON TRUST NATIONAL ASSOCIATION AS TRUSTEE FOR ARLP SECURITIZATION TRUST SERIES 2015 2008 2008 LLC (2021)

Appellant Frank Waters appeals the trial court's order denying his motion for attorney's fees pursuant to our dismissal of the underlying foreclosure case in Waters v. Wilmington Trust, National Association for ARLP Securitization Trust Series 2015-1, 268 So. 3d 722 (Fla. 4th DCA 2018). The issue on appeal concerns Appellant's entitlement to trial court attorney's fees under section 57.105(7), Florida Statutes (2019), in a foreclosure action where the homeowner successfully defended against the foreclosure based on a lack of standing defense. We previously granted Appellant's motion to stay the appeal pending the Florida Supreme Court's review of our opinion in Deutsche Bank Trust Co. Americas v. Page, 274 So. 3d 1116 (Fla. 4th DCA 2019).

In Page v. Deutsche Bank Trust Co. Americas, 308 So. 3d 953 (Fla. 2020), the Florida Supreme Court quashed our Page decision, holding that a mortgagor who prevailed in a foreclosure action based on the trustee's lack of standing at the time the latter filed the action was entitled to an award of attorney's fees. Id. at 954, 961. Following this decision, we lifted the stay in the instant case.

Subsequently, Appellee Wilmington Trust filed a confession of error. Appellee acknowledged that Appellant's mortgage provided for prevailing party attorney's fees and that, based on the Florida Supreme Court's holding in Page, Appellant was therefore entitled to the attorney's fees he incurred while successfully defending the lower tribunal foreclosure action.

Accordingly, we remand the matter to the trial court with instructions to vacate the order denying Appellant's motion and to determine the appropriate amount of attorney's fees.

Reversed and remanded for further proceedings.

Per Curiam.

Damoorgian, Conner and Forst, JJ., concur.