U.S. Bank National Association, etc. v. Jason Tranumn and D'Honour Tranumn

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D16-2577
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US BANK NATIONAL
ASSOCIATION, as Trustee for
CSFB Heat 2006-7,
Appellant,
v.
JASON TRANUMN and D’HONOUR
TRANUMN,
Appellees.
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On appeal from the Circuit Court for Duval County.
A. C. Soud, Judge.
February 9, 2018
PER CURIAM.
U.S. Bank appeals the trial court’s award of prevailing party
attorney’s fees to the Tranumns in this foreclosure action.
Separately, this Court quashed the final judgment of foreclosure
in 1D16-4911. As such, because the award of attorney’s fees in this
case was based on the now-defunct final judgment, the trial court’s
award of fees based on that judgment is reversed and the case is
remanded with instruction to vacate the order awarding the
attorney’s fees. See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla.
1st DCA 1999)(“Once a final judgment is reversed and remanded
by an appellate court, there can be no prevailing party for purposes
of an award of prevailing party attorney’s fees. Consequently, an
award of attorney’s fees and costs predicated on a reversed or
vacated final judgment also must be reversed.”).
REVERSED and REMANDED with instruction to vacate award of
attorney’s fees.
ROWE, MAKAR, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Dean A. Morande and Michael K. Winston of Carlton Fields Jorden
Burt, P.A., West Palm Beach, for Appellant.
Brian Lee of Schuler & Lee, P.A., Jacksonville, for Appellees.
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