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LOPEZ v. BANK OF AMERICA, N.A.

No. 2D12-1270.

153 So.3d 922 (2014)

Jaime LOPEZ, Jr. and Viviana Lopez, Appellants, v. BANK OF AMERICA, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, Appellee.

District Court of Appeal of Florida, Second District.

March 26, 2014.

Attorney(s) appearing for the Case

Nancy Jack of Korte & Wortman, P.A., West Palm Beach, for Appellants.

Elizabeth T. Frau of Ronald R. Wolfe & Associates, P.L. , Tampa, and Tricia J. Duthiers and J. Randolph Liebler of Liebler, Gonzalez & Portuondo, P.A., Miami, for Appellee.

When Bank of America voluntarily dismissed its foreclosure action against Jaime and Viviana Lopez, the Lopezes sought attorney's fees pursuant to Florida Rule of Civil Procedure 1.420(d), which addresses costs awardable to a defendant when a plaintiff voluntarily dismisses a case. But they had not pleaded entitlement to attorney...

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