Marlet Brown v. Federal National Mortgage Association
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 17, 2020
Docket2D18-1578
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MARLET BROWN and JAMES BROWN, )
)
Appellants, )
)
v. ) Case No. 2D18-1578
)
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION; SHINGLE MASTERS )
ROOFING & CONSTRUCTION SERVICES,)
INC.; and CROSS CREEK COMMUNITY )
ASSOCIATION, INC., )
)
Appellees. )
)
Opinion filed January 17, 2020.
Appeal from the Circuit Court for
Hillsborough County; Perry A. Little, Senior
Judge.
Michael Alex Wasylik of Ricardo & Wasylik
PL, Dade City, for Appellants.
Robert R. Edwards of Choice Legal Group,
P.A., Ft. Lauderdale, for Appellee Federal
National Mortgage Association.
No appearance for remaining Appellees.
BLACK, Judge.
Marlet and James Brown appeal from the trial court's order denying their
motion for attorney's fees and costs. The order was entered following the involuntary
dismissal of Federal National Mortgage Association's (FNMA) foreclosure action. We
affirm without comment the trial court's order to the extent that it denied the Browns'
request for attorney's fees. But as conceded by FNMA, the Browns are entitled to an
award of costs pursuant to Florida Rule of Civil Procedure 1.420(d). See Fassy v. Bank
of N.Y. Mellon, 273 So. 3d 52, 53 (Fla. 4th DCA 2019). We therefore reverse the trial
court's order to the extent that it denied the Browns' request for costs and remand for
further proceedings.
Affirmed in part; reversed in part; remanded.
LUCAS and SMITH, JJ., Concur.
-2-