District Court of Appeal of Florida

An award of fees under Florida Statutes section 57.105 and a fine against an attorney and a company in the business of contacting former property owners who may be entitled to funds in the registry of the court in mortgage foreclosure cases is reversed where the issue, of whether a junior mortgagee who was defaulted in a foreclosure could later claim surplus funds, had not yet been decided in the district when the claim was brought.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

• KLEIN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Stanley Jay Bartel of the Law Offices of Stanley Jay Bartel, The Villages, for appellant Global Heir and Asset Locators., Peter S. Heller of the Law Offices of Peter S. Heller, P.A., Miami, for appellant Terrence E. Rosenberg.


• For Appellees:
  
• Cary A. Lubetsky and Joseph J. Huss of Krinzman, Huss & Lubetsky, Miami, for appellee.