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BONFIGLIO v. BANKER'S TRUST CO. OF CAL.

Nos. 4D05-2607, 4D05-2846.

944 So.2d 1087 (2006)

James A. BONFIGLIO, Appellant, v. BANKER'S TRUST COMPANY OF CALIFORNIA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 26, 2007.

Attorney(s) appearing for the Case

Marshall J. Osofsky of Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., Louis M. Silber of Silber Valente & Davis, West Palm Beach, and James A. Bonfiglio, Boynton Beach, for appellant.

John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee Beal Bank, S.S.B.

STEVENSON, C.J.

In this mortgage foreclosure case, the jury awarded the lender $128,190.44 on its foreclosure claim and the borrower some $48,734.86 in damages for his breach of contract counterclaim, alleging the lender failed to properly post his payments. The trial court determined that the lender was the prevailing party in the litigation and awarded it attorney's fees. The borrower has appealed, raising a myriad of...

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