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VIVOT v. BANK OF AMERICA, NA

No. 2D12-2757.

115 So.3d 428 (2013)

Narciso VIVOT, Appellant, v. BANK OF AMERICA, NA, Successor by Merger to Countrywide Bank, FSB, Appellee.

District Court of Appeal of Florida, Second District.

June 7, 2013.

Attorney(s) appearing for the Case

Dane T. Stanish of Law Offices of Dane Stanish, P.A., Hollywood, for Appellant.

Jason F. Joseph of Gladstone Law Group, P.A., Boca Raton, for Appellee.

SILBERMAN, Chief Judge.

Narciso Vivot appeals an order denying his motion for attorney's fees in this foreclosure action that was filed by Bank of America's predecessor in interest and was dismissed for failure to prosecute. Because Vivot was the prevailing party in the action, we reverse the order and remand for further proceedings.

On November 28, 2005, Vivot executed a promissory note and mortgage in favor of Mackinac Savings Bank. The note and mortgage...

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