Fly High Family Ltd. Partnership v. Celestin

District Court of Appeal of Florida

Fly High Family Ltd. Partnership v. Celestin

679 So. 2d 40, 1996 Fla. App. LEXIS 8881, 1996 WL 471021

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 1996

DocketNo. 95-2326

StatusPublished

This text of 679 So. 2d 40 (Fly High Family Ltd. Partnership v. Celestin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fly High Family Ltd. Partnership v. Celestin, 679 So. 2d 40, 1996 Fla. App. LEXIS 8881, 1996 WL 471021 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

The plaintiff below, Fly High Family Limited Partnership, appeals from the trial court’s final order denying its request for contractual attorney s fees and costs. We reverse based on the authority of Rice v. Campisi, 446 So.2d 1120 (Fla. 3d DCA), review denied, 456 So.2d 1182 (Fla.1984). In the instant case, as in Rice, “[t]here has been no showing that the ... foreclosure action, though unsuccessful by application of equitable principles, was not prosecuted upon a good faith belief that the appellees were responsible for the default.” Rice, 446 So.2d at 1121. In fact, the trial court specifically found that “the mortgage foreclosure action was providently filed.” Therefore, as in Rice, we reverse the denial of contractual attorney’s fees and costs, and remand for a determination of reasonable attorney’s fees and costs in light of the ultimate resolution of this case. Rice, 446 So.2d at 1121.

Reversed and remanded.

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PER CURIAM.

The plaintiff below, Fly High Family Limited Partnership, appeals from the trial court’s final order denying its request for contractual attorney s fees and costs. We reverse based on the authority of Rice v. Campisi, 446 So.2d 1120 (Fla. 3d DCA), review denied, 456 So.2d 1182 (Fla.1984). In the instant case, as in Rice, “[t]here has been no showing that the ... foreclosure action, though unsuccessful by application of equitable principles, was not prosecuted upon a good faith belief that the appellees were responsible for the default.” Rice, 446 So.2d at 1121. In fact, the trial court specifically found that “the mortgage foreclosure action was providently filed.” Therefore, as in Rice, we reverse the denial of contractual attorney’s fees and costs, and remand for a determination of reasonable attorney’s fees and costs in light of the ultimate resolution of this case. Rice, 446 So.2d at 1121.

Reversed and remanded.

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679 So. 2d 40, 1996 Fla. App. LEXIS 8881, 1996 WL 471021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fly-high-family-ltd-partnership-v-celestin-fladistctapp-1996.

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