WASHINGTON MUT. BANK, F.A. v. SHELTON

No. 2D03-3629.

892 So.2d 547 (2005)

WASHINGTON MUTUAL BANK, F.A., Appellant, v. Paul SHELTON and Marie Shelton, Appellees.

District Court of Appeal of Florida, Second District.

January 26, 2005.


Attorney(s) appearing for the Case

Forrest G. McSurdy of Law Offices of David J. Stern, P.A., Plantation, for Appellant.

John Charles Heekin, Port Charlotte, for Appellees.


DANAHY, PAUL W., Senior Judge.

In this foreclosure action brought by the first mortgagee, Washington Mutual Bank, F.A., we review the trial court's judgment ruling that the second mortgagees, Paul and Marie Shelton, were entitled to costs and attorney's fees. We reverse because the court had no authority to make the award.

Cindy Crossland, owner of property in Charlotte County, executed her note and mortgage to a financial institution that assigned them to...

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