ENSIGN BANK, F.S.B., APPELLANT,
v.
SOUTH FLORIDA WAREHOUSING II ETC., ET AL., APPELLEES
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PER CURIAM.
We affirm the award of attorney’s fees under section 57.105, Florida Statutes (1989). The appellant claims it made an honest mistake in adding appellee and its lands to a mortgage foreclosure suit. While it appears that the attorney may have made an honest mistake, relying on an erroneous title examination, we cannot say the same for the appellant bank itself. Approximately two years before the commencement of this action it had executed a partial release of its mortgage as to appel-lee’s land when the mortgagor sold the parcels to the appellee in this appeal. A simple review of the bank’s own files should have revealed this to the bank so that these properties and appellee would have been excluded. This is tantamount to a finding that, as concerns the bank, the suit against appellee was brought recklessly without investigation of its own records and with complete absence of justiciable fact or law. See Galbraith v. Inglese, 402 So. 2d 574 (Fla. 4th DCA 1981).
GUNTHER, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Green v. Callahan, 664 So. 2d 21 (Fla. 4th DCA 1995)…pears to be based on the existence of the release, which we have found did not clearly and unambiguously release the stockholders of the company from liability. Thus, the lower court’s reliance on Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So. 2d 165 (Fla. 4th DCA 1991), is misplaced. Reversed and remanded for further proceedings consistent with this opinion. KLEIN and STEVENSON, JJ„ concur.…
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State v. James, 681 So. 2d 886 (Fla. 3d DCA 1996)…a good faith, reasonable effort to determine whether the property was conveyed to James’ predecessor-in-interest pursuant to the 1937 tax deed before raising a defense based on section 95.361. See Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So. 2d 165 (Fla. 4th DCA 1991); L.L. v. Zipperer, 484 So. 2d 92 (Fla. 5th DCA 1986); Parrino v. Ayers, 469 So. 2d 837 (Fla. 5th DCA), review denied, 479 So. 2d 118 (Fla.1985); McHan v. Huggins, 459 So. 2d 1172 (Fla. 5th DCA 1984); Galbraith v. Inglese, 402 So.…
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Mickler v. Iizuka (Fla. 5th DCA 2025)
Authorities Cited
- Galbraith v. Inglese, 402 So. 2d 574 (Fla. 4th DCA 1981)