Opinion
No. 2D13–1968.
2014-05-14
Jason LEXELL and Jennifer Lexell, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for GSAA Home Equity Trust 2006–8 Asset–Backed Certificates, Series 2006–8, Appellee.
Appeal from the Circuit Court for Hillsborough County; Wayne Timmerman, Senior Judge. Michael Alex Wasylik of Ricardo & Wasylik, PL, Dade City, for Appellants. Nancy M. Wallace and Michael J. Larson of Akerman LLP, Tallahassee; William P. Heller of Akerman LLP, Fort Lauderdale; and Heather L. Fesnak of Akerman LLP, Tampa (withdrew after briefing); Manuel S. Hiraldo of Blank Rome, LLP, Boca Raton (substituted as counsel of record), for Appellee.
Appeal from the Circuit Court for Hillsborough County; Wayne Timmerman, Senior Judge.
Michael Alex Wasylik of Ricardo & Wasylik, PL, Dade City, for Appellants. Nancy M. Wallace and Michael J. Larson of Akerman LLP, Tallahassee; William P. Heller of Akerman LLP, Fort Lauderdale; and Heather L. Fesnak of Akerman LLP, Tampa (withdrew after briefing); Manuel S. Hiraldo of Blank Rome, LLP, Boca Raton (substituted as counsel of record), for Appellee.
VILLANTI, Judge.
Jason and Jennifer Lexell appeal the trial court's order denying their combined motion for attorney fees and costs. Finding no abuse of discretion, we affirm that portion of the order denying their attorney fees without comment. However, based upon proper concession of error by Appellee Deutsche Bank National Trust Company, we reverse that portion of the order which denied the Lexells their taxable costs. To avoid any confusion on remand, we reject the Lexells' argument that, under the circumstances of this case, a determination of any recoverable costs should include attorney fees.
Affirmed in part, reversed in part, and remanded for further proceedings. LaROSE and KHOUZAM, JJ., Concur.