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TUNISON v. BANK OF AMERICA, N.A.

No. 2D13-3351.

144 So.3d 588 (2014)

George TUNISON III, Appellant, 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.

July 30, 2014.

Attorney(s) appearing for the Case

P. Brandon Perkins , Brett C. Powell and Alexander Brockmeyer of The Powell Law Firm, Fort Myers; and Marcus W. Viles of Viles and Beckman, LLC, Fort Myers, for Appellant.

Jason F. Joseph of Gladstone Law Group, P.A., Boca Raton; and Marc Douthit of Douthit Law, LLC, Miami, for Appellee.

WALLACE, Judge.

George Tunison III, appeals the circuit court's order denying his motion for attorney's fees that he filed after Bank of America, N.A. (BOA), dismissed its foreclosure action against him. Because the circuit court erred in concluding that Mr. Tunison's motion for attorney's fees was untimely filed and legally insufficient, we reverse.

I. THE FACTUAL AND PROCEDURAL BACKGROUND

In January 2012, BOA filed an action to foreclose a mortgage...

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