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In the case Florida appellate  Bank of N.Y. v. Williams, the Court of Appeals affirmed the Duval Circuit Court's award of attorneys' fees by plaintiff Bank of New York as trustee for Equicredit Corporation Trust 2001-2 to a foreclosure defendant Paulette WILLIAMS et al [CASE NO. 1D07-2626, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, 2008 Fla. App. LEXIS 5415, April 10, 2008, Opinion Filed].  The appellate court also approve the application of a factor of 2.5 to the attorneys' fee award.  James A. Kowalski, Jr., Esq., of Jacksonville, FL, represented the Appellees.

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William A. Roper, Jr.
Within another message thread ("The Conditions Precedent Affirmative Defense", post of 01/23/11 at 02:25 PM), I recently pointed out that defendants may be entitled to attorneys' fees when a case is voluntarily dismissed:


The key language from that post, including some recent cases was:

The defendant should be entitled to the defendant's attorney's fees in many jurisdictions upon such a voluntary dismissal.

The Florida case of Alhambra Homeowners Ass'n, Inc. v. Asad is instructive:
Alhambra Homeowners Ass'n v. Asad, No. 4D06-835 , COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 943 So. 2d 316; 2006 Fla. App. LEXIS 20784; 31 Fla. L. Weekly D 3118, December 13, 2006, Decided ,  Released for Publication December 29, 2006.
http://scholar.google.com/scholar_case?case=658737925377439815
See also:
Frazier v. Dreyfuss, No. 4D08-1619, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 14 So. 3d 1183; 2009 Fla. App. LEXIS 8787; 34 Fla. L. Weekly D 1226, June 17, 2009, Decided,  Released for Publication July 24, 2009.
http://scholar.google.com/scholar_case?case=15150637436571831100

Valcarcel v. Chase Bank USA NA, No. 4D10-379, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 2010 Fla. App. LEXIS 18016; 35 Fla. L. Weekly D 2589, November 24, 2010, Decided.
http://scholar.google.com/scholar_case?case=4807693943145230966
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William A. Roper, Jr.
The earlier Bank of N.Y. v. Williams case cited within the original post has since been published within the Southern Reporter and is now also available on Google Scholar.  The full citation and Google Scholar link is:
Bank of N.Y. v. Williams, CASE NO. 1D07-2626, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, 979 So. 2d 347; 2008 Fla. App. LEXIS 5415; 33 Fla. L. Weekly D 1005, April 10, 2008, Opinion Filed,  Released for Publication April 28, 2008.
http://scholar.google.com/scholar_case?case=17319714376716324998

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