Creamer v. BAC Home Loans Servicing, LP

Summary

The Florida Second District Court of Appeal reviewed the Creamers’ request for costs and attorney’s fees after BAC voluntarily dismissed a foreclosure action following settlement. The court affirmed denial of attorney’s fees as costs under Florida Rule of Civil Procedure 1.420(d), concluding that the mortgage and note distinguished attorney’s fees from costs and that the pro se answer did not plead entitlement to fees. It reversed and remanded for consideration of the Creamers’ separate request for $85 in court reporter costs.

Holdings

1. Attorney's fees were not recoverable as costs under Rule 1.420(d) because the parties' note and mortgage separately referred to costs and attorney's fees and did not define fees as costs.
2. The trial court erred by denying the Creamers' entitlement to the $85 court-reporter cost without considering that item separately.
3. The anticipated $750 expense for expert testimony concerning the reasonableness of attorney's fees was not recoverable because affirmance of the denial of attorney's fees made that expense unnecessary.

Questions Presented

1. Whether attorney's fees could be recovered as costs under Florida Rule of Civil Procedure 1.420(d) when the parties' mortgage and note separately referred to costs, expenses, and attorney's fees.
2. Whether the Creamers were entitled to recover the requested $85 court-reporter cost under Rule 1.420(d).
3. Whether the anticipated $750 expense for expert testimony concerning the reasonableness of attorney's fees was recoverable.

Disposition

reversed_and_remanded