Fourth District Court of Appeal Affirms the Denial of Motion for Fees when Cases was Involuntary Dismissed for Lack of Standing.
On June 5, 2019, the Fourth District Court of Appeal in Fassy v. The Bank of New York Mellon, Case No. 4D18-1548, 44 Fla. L. Weekly D1425a (Fla. 4th DCA June 5, 2019) affirmed the denial of the motion for attorney fees, but reversed the denial of the motion for costs. At the trial court level, the case proceed to a nonjury trial, after the Bank presented its evidence, the Borrower moved for involuntary dismissal, arguing lack of standing at the time suit was filed. The trial court entered an order granting the involuntary dismissal, in which the Borrower then moved to tax costs and fees. The trial court entered an order denying both the motion for fees and motion for costs. The Fourth District Court of Appeal affirmed the denial of the fee motion without discussion.
The Fourth District Court of Appeal reversed the order denying the motion for costs pursuant to Fla. R. Civ. Pro. 1.420(d) as it clearly provides that costs should be awarded to the party.
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