UNITED STATES OF AMERICA, ACTING THROUGH RURAL DEVELOPMENT, FORMERLY FARMERS HOME ADMINISTRATION (FMHA), UNITED STATES DEPARTMENT OF AGRICULTURE, APPELLANT,
v.
RAGNA IRENE WONDERS, APPELLEE

Fla. 2d DCA | 2012-04-18
No. 2D11-2746
NORTHCUTT and MORRIS, JJ., Concur.
86 So. 3d 544 Florida District Court of Appeal, Second District (2012) Positive Treatment
Cited by 1 case

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Synopsis

The United States appealed a judgment awarding attorney's fees to Ragna Irene Wonders in a mortgage foreclosure action where Wonders was the prevailing party. Although Florida law and the promissory note both permitted attorney's fees, the court reversed based on the United States' sovereign immunity, which shields the federal government from state law fee-shifting provisions when it does not waive that immunity.


Holding

The United States is shielded by sovereign immunity from attorney's fee awards under state law in this context. Even though Wonders was the prevailing party and would have been entitled to attorney's fees if the loan had been extended by a commercial bank, the judgment awarding fees must be reversed because the United States did not waive its sovereign immunity.


Headnotes

[1] The United States, absent a waiver of sovereign immunity, is shielded from state laws providing for attorney's fees against a prevailing party, even when the United State…

[2] State statutes making attorney's fee provisions in contracts reciprocal are unenforceable against the United States when sovereign immunity has not been waived.

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Key Quotes

“Although Ms. Wonders would have been entitled to an award of attorney's fees if the loan had been extended by any commercial bank, we must reverse this judgment.”

Establishes the key tension in the case: Wonders would win under ordinary state law principles, but sovereign immunity overrides this result.

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Facts & Procedural History

The United States, through Rural Development (formerly FmHA), extended a $129,000 home loan to Wonders secured by a mortgage on her house. Wonders dis…

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Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

The United States of America appeals a judgment awarding attorney’s fees against it in a mortgage foreclosure action in which Ragna Irene Wonders was the prevailing party. Although the promissory note contained a provision allowing the United States to recover attorney’s fees if it prevailed and despite the fact that Florida has a statute that requires attorney’s fees to be awardable to Ms. Wonders in this case, we must yield to the supremacy of the United States and honor its claim of sovereign immunity. Accordingly, we reverse the judgment awarding attorney’s fees.

Acting through Rural Development, formerly known as the Farmers Home Administration of the United States Department of Agriculture, the United States extended a home loan to Ms. Wonders in the amount of $129,000, which was secured by a mortgage on her house. Ms. Wonders apparently made payments for approximately a year on this loan while disputing the interest rate. She claimed that the loan had been negotiated with an interest rate of 4% but that the United States was charging her 6%.

When the United States filed this foreclosure action, Ms. Wonders retained an attorney who prepared pleadings and affidavits for her. She filed a counterclaim for negligent misrepresentation and sought rescission of the loan. The case ultimately was tried without a jury. The trial court dismissed the claim of the United States with prejudice and rescinded the loan and mortgage. The rescission resulted in a conveyance of the house to the United States, but it was ordered to cease and desist in its efforts to take Ms. Wonders’ tax refund and in all other efforts to collect sums from her. The United States does not dispute that Ms. Wonders was the prevailing party in this action.

After prevailing in the action, Ms. Wonders filed a motion for attorney’s fees, relying on the attorney’s fee provision in the promissory note and the language in section 57.105(7), Florida Statutes (2008), which makes such clauses reciprocal. The *546United States responded to the motion, raising its sovereign immunity and supremacy. Without explaining its ruling, the trial court granted Ms. Wonders’ attorney a reasonable fee for his work in this matter. The United States appeals.

Although Ms. Wonders would have been entitled to an award of attorney’s fees if the loan had been extended by any commercial bank, we must reverse this judgment. The law is clear that even when the United States initiates litigation in a state court in a context such as this, state laws providing for attorney’s fees against the losing party cannot be enforced against the United States. See, e.g., United States v. Morrison, 28 So.3d 94, 101-02 (Fla. 1st DCA 2009) (recognizing that absent a waiver, sovereign immunity shields the federal government from claims for damages and that while an opposing party may file a cross action in response to a suit filed by the United States, the countersuit is permissible only to the extent that it seeks to reduce the amount owed to the United States). The United States has sovereign immunity, which we are bound to honor when it refuses to waive that immunity. Thus, in our modest contribution to federal deficit reduction, we reverse the judgment on appeal and direct the trial court to deny the motion on remand.

Reversed and remanded.

NORTHCUTT and MORRIS, JJ., Concur.


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