Opinion
Case No. 2D19-4036
02-05-2021
Linda SHAFFER, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY as Indenture Trustee for American Home Mortgage Investment Trust 2006-1, Mortgage Backed Notes Series 2006-1, Appellee.
Jacqulyn Mack-Majka of Mack Law Firm Chartered, Englewood, for Appellant. Daniel S. Hurtes and Nicole R. Topper of Blank Rome LLP, Fort Lauderdale, for Appellee.
Jacqulyn Mack-Majka of Mack Law Firm Chartered, Englewood, for Appellant.
Daniel S. Hurtes and Nicole R. Topper of Blank Rome LLP, Fort Lauderdale, for Appellee.
MORRIS, Judge.
Linda Shaffer appeals from the order denying her entitlement to trial-level attorneys' fees associated with a foreclosure judgment that was subsequently reversed on appeal. The circuit court denied her request based on application of the doctrine set forth in Stockman v. Downs, 573 So. 2d 835, 837 (Fla. 1991), and we affirm the denial of trial-level attorneys' fees without further comment.
We reversed the underlying foreclosure judgment and remanded with instructions for the trial court to enter an involuntary dismissal due to Deutsche Bank National Trust Company's lack of standing at inception of the foreclosure action. See Shaffer v. Deutsche Bank Nat'l Tr. as Indenture Tr. for Am. Home Mortg. Inv. Tr. 2006-1, Mortg. Backed Notes Series 2006-1, 235 So. 3d 943, 945 (Fla. 2d DCA 2017).
Shaffer filed a motion seeking an involuntary dismissal of the foreclosure action as well as an order of entitlement to trial-level attorneys' fees and taxable costs and entry of a judgment for appellate-level attorneys' fees. The circuit court entered an order awarding appellate-level attorneys' fees and costs, and that judgment has been satisfied. After an evidentiary hearing on the issue of trial-level fees, the circuit court entered the order that is the subject of this appeal.
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Shaffer also argues that the circuit court erred in failing to award her taxable, trial-level costs pursuant to Florida Rule of Civil Procedure 1.420(d) due to the involuntary dismissal of the underlying foreclosure action. Shaffer included a request for such costs in her motion. However, the trial court never ruled on the request either orally at the hearing on the motion or in its written order. Thus the issue is not ripe for our review, and we must dismiss that portion of the appeal. Cf. Parrish v. RL Regi Fin., LLC, 194 So. 3d 571, 571-72 (Fla. 2d DCA 2016) (dismissing portion of appeal dealing with attorneys' fees and costs as not ripe for review where order determining entitlement did not set amount of either award); Sierra v. Public Health Tr. of Dade Cnty., 661 So. 2d 1296, 1298 (Fla. 3d DCA 1995) (dismissing appeal where issue was not decided by trial court below and explaining that appellate courts cannot decide issues that were not decided by the trial court in the first instance).
Affirmed in part; dismissed in part.
CASANUEVA and STARGEL, JJ., Concur.