LANCE J. BORDES AND ELIZABETH D. BORDES
v.
CITIMORTGAGE, INC., SUCCESSOR BY ETC.

Fla. 1st DCA | 2019-08-01
No. 18-2060
Leadbetter, Senior Judge
275 So. 3d 1292 Florida District Court of Appeal, First District (2019)

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Holding

Attorney's fees and costs awarded in a foreclosure judgment must be reversed when the appellee confesses error regarding those fees.


Headnotes

[1] A party may confess error on appeal to remedy legal error in a judgment even after entry of final judgment, which can result in reversal of the erroneous provision.

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Facts & Procedural History

This was a foreclosure action in which the trial court entered an Amended Final Judgment of Foreclosure that included an award of attorney's fees and …

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Opinion of the Court

August 1, 2019 PER CURIAM.

In light of Appellee’s confession of error, we reverse the award of attorney’s fees and costs contained in the Amended Final Judgment of Foreclosure and remand for further proceedings.

In light of the foregoing, Appellee’s motion for extension of time to file the answer brief is denied as moot.

WOLF, B.L. THOMAS, and OSTERHAUS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Daniel W. Uhlfelder of Daniel W. Uhlfelder, P.A., Santa Rosa Beach, for Appellants. Jonathan Blackmore of Phelan Hallinan Diamond & Jones, PLLC, Fort Lauderdale, for Appellee.


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