BMR FUNDING, LLC v. DDR CORP.

No. 2D10-2284.

67 So.3d 1137 (2011)

BMR FUNDING, LLC, a Delaware limited liability company, as assignee of SPCP GROUP, LLC, Appellant, v. DDR CORPORATION, a Florida corporation; Dean R. DeGross; and Carol J. Dunn, Appellees.

District Court of Appeal of Florida, Second District.

July 29, 2011.


Attorney(s) appearing for the Case

Gregg W. McClosky and Kristin J. Mentzer of McClosky, D'Anna & Dieterle, LLP, Boca Raton, for Appellant.

Brian M. Beason of Wilkins Frohlich, P.A., Port Charlotte, for Appellees DDR Corporation and Carol J. Dunn.

No appearance for Appellee Dean R. DeGross.


BLACK, Judge.

BMR Funding, LLC (BMR), timely appeals a final judgment awarding attorneys' fees to DDR Corporation (DDR) and Carol J. Dunn, pursuant to section 57.105, Florida Statutes (2009), and the provisions of loan documents that were the subject of foreclosure proceedings. Because we conclude that DDR and Dunn failed to plead entitlement to attorneys' fees, we reverse.

FACTUAL BACKGROUND

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