District Court of Appeal of Florida

In a foreclosure case, an award of attorney's fees against the assignee of the party who was foreclosing following dismissal of the case for lack of prosecution is reversed where the court erred in assessing attorney's fees and costs against the assignee where he was not substituted as a party, and the action is remanded for dismissal of a counterclaim which should have been dismissed along with the complaint.

Appellate Information

• Decided 08/09/2006
• Published 08/09/2006

Judges

• KLEIN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Jack J. Aiello of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellant.


• For Appellees:
  
• Patrick W. Maraist and John T. Metzger of McDonald Hopkins Co., P.A., West Palm Beach, for appellee.