Lexell v. Deutsche Bank National Trust Co.

District Court of Appeal of Florida

Lexell v. Deutsche Bank National Trust Co.

138 So. 3d 1126, 2014 WL 1921059, 2014 Fla. App. LEXIS 7101

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 2014

DocketNo. 2D13-1968

StatusPublished

This text of 138 So. 3d 1126 (Lexell v. Deutsche Bank National Trust Co.) 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.

Bluebook

Lexell v. Deutsche Bank National Trust Co., 138 So. 3d 1126, 2014 WL 1921059, 2014 Fla. App. LEXIS 7101 (Fla. Ct. App. 2014).

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Opinion

VILLANTI, Judge.

Jason and Jennifer Lexell appeal the trial court’s order denying their combined motion for attorney fees and costs. Finding no abuse of discretion, we affirm that portion of the order denying their attorney fees without comment. However, based upon proper concession of error by Appel-lee Deutsche Bank National Trust Company, we reverse that portion of the order which denied the Lexells their taxable costs. To avoid any confusion on remand, we reject the Lexells’ argument that, under the circumstances of this case, a determination of any recoverable costs should include attorney fees.

Affirmed in part, reversed in part, and remanded for further proceedings.

LaROSE and KHOUZAM, JJ., Concur.

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VILLANTI, Judge.

Jason and Jennifer Lexell appeal the trial court’s order denying their combined motion for attorney fees and costs. Finding no abuse of discretion, we affirm that portion of the order denying their attorney fees without comment. However, based upon proper concession of error by Appel-lee Deutsche Bank National Trust Company, we reverse that portion of the order which denied the Lexells their taxable costs. To avoid any confusion on remand, we reject the Lexells’ argument that, under the circumstances of this case, a determination of any recoverable costs should include attorney fees.

Affirmed in part, reversed in part, and remanded for further proceedings.

LaROSE and KHOUZAM, JJ., Concur.

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Bluebook (online)

138 So. 3d 1126, 2014 WL 1921059, 2014 Fla. App. LEXIS 7101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lexell-v-deutsche-bank-national-trust-co-fladistctapp-2014.