SC19-1137 Terri P. Page v. Deutsche Bank Trust Company Americas, etc., et al.

Deutsche Bank Trust Company brought a foreclosure action against Terri Page. At trial, the court dismissed the case because Deutsche Bank failed to prove it was the proper party to enforce the note and mortgage on the day the lawsuit was filed. The trial court also ordered Deutsche Bank to pay Page’s attorney’s fees allowed by Florida law. Deutsche Bank appealed to the Fourth District Court of Appeal, arguing that because Page prevailed on the ground that the bank was not the proper party to bring the lawsuit, she was not entitled to attorney’s fees. The Fourth DCA agreed with the bank and reversed the trial court’s order. Page asked this Court for review, arguing that the Fourth DCA’s decision is in certified conflict with other appellate court decisions.
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