THE BANK v. RED ROAD RESIDENTIAL, LLC

No. 3D15-2039.

197 So.3d 1112 (2016)

FLORIDA COMMUNITY BANK, N.A., etc., Appellant, v. RED ROAD RESIDENTIAL, LLC, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

June 8, 2016.


Attorney(s) appearing for the Case

Friedman & Frost, P.L., and Todd R. Friedman and Paul D. Friedman , for appellant.

Denise V. Powers, P.A., and Denise V. Powers , for appellee Ada Rios.

Before WELLS, SALTER and SCALES, JJ.


Florida Community Bank, N.A. ("the Bank"), the plaintiff below, appeals a judgment awarding attorney's fees to defendant and appellee Ada Rios. We reverse the judgment because Ada Rios failed to meet her burden to establish that she was a party to the underlying mortgage containing the attorney's fee provision.

I. Facts

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