NOVASTAR MORTG., INC. v. STRASSBURGER

Nos. 4D02-4213, 4D02-4280.

855 So.2d 130 (2003)

NOVASTAR MORTGAGE, INC., Appellant, v. James P. STRASSBURGER, and Euphemia Strassburger, Appellees.

District Court of Appeal of Florida, Fourth District.

Order Granting Rehearing in Part October 1, 2003.


Attorney(s) appearing for the Case

Gregg W. McClosky and David J. Pascuzzi of McClosky, D'Anna, Ioannou & Dieterle, LLP, Boca Raton, for appellant.

David I. Brodt of Leslie Robert Evans & Associates, P.A., Palm Beach, for appellees.


KLEIN, J.

Novastar appeals an award of attorney's fees against it, arguing that the fees should not have been awarded, under a provision in the mortgage, to a party who was not a party to the mortgage. We agree, but affirm because the party receiving the fees also prevailed on its offer of judgment.

Novastar loaned money to fund a mortgage, but through mistake or misconduct, was not assigned the note and mortgage. It brought an action against a number of defendants...

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