Third DCA Rejects 57.105 Attorney’s Fees Where Plaintiff Failed to Prove Standing

On March 1st, Florida's Third District Court of Appeal affirmatively held that a mortgage holder who fails to prove its standing to foreclose is not liable to a defendant borrower for prevailing party attorney's fees. The Fitzgerald holding is succinct but immensely significant: “[b]ecause [the Borrower] successfully obtained a judgment below that the [Plaintiff] lacked […]