The MEEKS were tenants of a property that was foreclosed. A Certificate of Title was issued on December 17, 2013 to RYAN HENSON #10 LAND TRUST which filed a Motion for Writ of Possession on December 20, 2013. MEEKS, filed an Emergency Motion to Quash the Writ of Possession on January 3, 2014.
The Court issued a Final Order Quashing Writ of Possession on January 28, 2014 holding that MEEKS were bona fide tenants in possession and must be given a ninety (90) notice to vacate the property pursuant to the PTFA. Thereafter, Tenants, MEEKS, filed a Motion to Determine Entitlement to Attorney’s Fees seeking attorney’s fees pursuant to §83.48, Florida Statutes.
The Court ruled that the Emergency Motion to Quash was not based upon enforcement of any provisions of the rental agreement. The Florida Residential Landlord and Tenant Act only allows for recovery of attorney’s fees by the prevailing party in a civil action brought to “enforce the provisions of the rental agreement or this part” [ Section 83.48, Florida Statutes] .
The Emergency Motion to Quash was based solely upon the PTFA. The court ruled that the PTFA does not provide for any award of attorney’s fees. The tenant’s motion for attorney’s fees was denied.
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CITIMORTGAGE, INC., vs. LUTZ, et al,. Circuit Court, 7th Judicial Circuit in and for Volusia County. Case No. 2009 35312 CICI, Division 31. April 7, 2014. Terence R. Perkins, Judge. 21 Fla. L. Weekly Supp. 647b