RENNICK v. WILMINGTON SAVINGS FUND SOCIETY FSB AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST (2021)

District Court of Appeal of Florida, Fourth District.

Cynthia J. RENNICK and Manson H. Rennick, Appellants, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a Christiana Trust, not individually, but AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Appellee.

No. 4D17-2538

Decided: July 07, 2021

Peter Ticktin, Michael Vater, Kendrick Almaguer, Thomas Eross, Jr., and Brittani S. Gross of The Ticktin Law Group, Deerfield Beach, for appellants. Adam G. Schwartz of Fox McCluskey, PLLC, Stuart, for appellee.

Based upon the mandate of the supreme court and Page v. Deutsche Bank Trust Co. Americas, 308 So. 3d 953 (Fla. 2020), we reverse the trial court's order denying the appellants/mortgagors’ attorney's fees in this foreclosure action, after appellants prevailed at trial based on their motion for involuntary dismissal. We remand for the trial court to award fees to the appellants.

Reversed and remanded with instructions.

Per Curiam.

Warner, Gross and Levine, JJ., concur.

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