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TORRES v. BANK OF NEW YORK

No. 4D17-1625.

252 So.3d 274 (2018)

Jose TORRES, Appellant, v. BANK OF NEW YORK as Trustee FOR the CERTIFICATE HOLDERS CWABS, INC. ASSET BACKED CERTIFICATES SERIES 2006-26, Appellee.

District Court of Appeal of Florida, Fourth District.

August 22, 2018.

Attorney(s) appearing for the Case

Kendrick Almaguer and Peter Ticktin of The Ticktin Law Group, P.L.L.C., Deerfield Beach, for appellant.

J. Kirby McDonough of Quarles & Brady, LLP, Tampa, for appellee.

Jose Torres ("the homeowner") appeals an order denying his motion for attorneys' fees and costs rendered in favor of the Bank of New York as Trustee ("the bank") following an involuntary dismissal of the bank's foreclosure action. We affirm in part and reverse in part.

First, we affirm the denial of attorneys' fees. Because the homeowner...

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