U.S. Bank v. Vair

District Court of Appeal of Florida

U.S. Bank v. Vair

CourtDistrict Court of Appeal of Florida

DecidedMarch 29, 2017

Docket15-1891

StatusPublished

This text of U.S. Bank v. Vair (U.S. Bank v. Vair) 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

U.S. Bank v. Vair, (Fla. Ct. App. 2017).

Pincite

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 29, 2017. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D15-1891 Lower Tribunal No. 13-20429 ________________

U.S. Bank National Association, etc., Appellant,

vs.

Richard Vair, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Eric William Hendon and Jacqueline Hogan Scola, Judges.

Burr & Forman, LLP, and Nicholas S. Agnello and Christine Irwin Parrish (Fort Lauderdale), and Reid S. Manley (Birmingham, AL), for appellant.

Richards Goldstein LLP, and Richard L. Richards, Jason Goldstein, and Joshua Saval, for appellees.

Before WELLS, LAGOA, and LOGUE, JJ.

LOGUE, J.

This is an appeal from a judgment in a foreclosure case entering attorney’s

fees for the borrowers and against the lender. Because the judgment for the borrowers in the underlying foreclosure action has been reversed by this court in

U.S. Bank National Association v. Vair, 194 So. 3d 544 (Fla. 3d DCA 2016), on

the authority of Deutsche Bank Trust Co. Americas v. Beauvais, 188 So. 3d 938

(Fla. 3d DCA 2016), the related judgment at issue in this appeal awarding

attorney’s fees and costs to the borrowers must also be reversed.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI