Attorney with The Law Offices of Robin Bresky Serves as Appellate Attorney’s Fee Expert in Foreclosure Case
Of Counsel attorney Michele Feinzig recently helped a couple, who were the defendant homeowners in a foreclosure case, obtain payment of their appellate attorney’s fees for an appeal in which they had prevailed as appellants in 2015.
The homeowners’ appellate attorney, Bonnie Satterfield, Esq., had obtained a decision holding that the bank failed to prove standing to foreclose, because there was no proof that the assignment of the note and mortgage to the bank took place prior to the bank’s filing suit. Neither the information in the record nor the testimony of the bank’s witness resolved the issue of when the assignments occurred.
Thus, the trial court’s conclusion that the bank had standing to foreclose was not supported by competent substantial evidence. The Fourth DCA reversed the final judgment of foreclosure and remanded the case to the trial court for entry of a judgment in favor of the homeowners.
Along with the decision in their favor on the merits, the Fourth DCA also issued an order on their motion for an award of appellate attorney’s fees, which was “granted conditioned on the trial court determining that appellants are the prevailing party and, if so, to set the amount of the attorney’s fees to be awarded for this appellate case.”
Soon after the Mandate issued at the conclusion of the appeal, the homeowners’ appellate lawyer, Ms. Satterfield, approached attorney Feinzig about serving as the expert witness in their claim for recovery of appellate attorney’s fees. Ms. Feinzig has handled more than one hundred appeals and immediately agreed to serve as their fee expert.
What then ensued was almost two years of hotly-contested litigation over appellate attorney’s fees, which required attorney Feinzig to consult with attorney Satterfield on numerous occasions, respond to discovery requests, and appear for deposition. The appellate lawyers at The Law Offices of Robin Bresky enjoy serving as appellate fee experts and Ms. Feinzig was pleased to assist the homeowners and their appellate counsel in obtaining recovery of attorney’s fees, as the matter was recently resolved in the homeowners’ favor.