District Court of Appeal of Florida
Bonfiglio v. Banker's Trust Co. of California, 4D05-2607
In a mortgage foreclosure case where a jury awarded lender $128,190.44 on its foreclosure claim and the borrower some $48,734.86 in damages for his breach of contract counterclaim, the judgment is affirmed in part, but a prevailing party attorney's fee award in favor of the lender is reversed where the lender should not be permitted to collect attorney-s fees incurred prior to the time it paid documentary stamps and intangible taxes on a modification agreement.
Appellate Information
- Decided 11/15/2006
- Published 11/15/2006
Judges
- STEVENSON, C.J.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- Marshall J. Osofsky of Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., Louis M. Silber of Silber Valente & Davis, West Palm Beach, and James A. Bonfiglio, Boynton Beach, for appellant.
- For Appellees:
- John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee Beal Bank, S.S.B.