201904.23
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GLASS V. NATIONSTAR | Key Points

  1. The Florida Supreme Court granted rehearing in Glass v. Nationstar, withdrew its prior opinion and substituted a new opinion wherein it dismissed the borrower’s appeal of the Fourth DCA’s order denying the borrower an attorney fee award despite successfully defending a foreclosure action.
  2. In the substituted opinion, the Court explained that appellate review by the Florida Supreme Court was not warranted and that “jurisdiction was improvidently granted.”
  3. The Court’s substituted opinion in Glass v. Nationstar is obviously a welcome “about face” on the attorney fee issue and suggests there is no conflict between the First DCA’s opinion in Williams and the Fourth DCA’s opinion in Glass. Trial courts are obliged to follow the precedent of their respective DCA, but to the extent a precedent has not yet been set or perceived, conflicts remain.  We anticipate more litigation on the issue.

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