Monday, July 19, 2010

Alhambra v. Homeowners Association, Inc. v. Assad, 943 so. 2d 316 (Fla. 4th DCA 2006).

Plaintiff has voluntarily dismissed its complaint and now Defendants are entitled to an award for attorney’s fees. Landry v. Countrywide Home Loans, Inc., 731 So. 2d 137 (Fla. 1st DCA 1999)(award of attorney’s fees to mortgagor is mandatory when mortgagee voluntarily dismisses foreclosure action where claim was raised in answer and affirmative defenses). Defendants are entitled to such an award even if Plaintiff refilled and prevails in a subsequent action.