Florida Federal Case Brief Essay Research Paper

 CASE: Florida Federal Savings And Loan Association v.

Sanchez, 553 So. 2d 1254 (Fla. 3rd DCA 1980).

STATEMENT OF THE CASE: A court will not award attorneys’

fees incurred in another jurisdiction than itself.

FACTS: A mortgage company foreclosed on a mortgage through a

state court that granted summary judgment to the mortgagor.

Subsequently, the mortgagees’ filed a petition for bankruptcy

under Chapter 13 of the United States Bankruptcy Code; later, the

mortgagees’ motioned the bankruptcy court to dismiss the action.

Dismissal was granted; but the mortgagor had incurred attorneys’

fees caused by the company’s involvement with the bankruptcy

court.

PROCEEDINGS: The mortgage company sought attorneys’ fees from

a state district court for the action that the mortgage company

pursued in Federal Bankruptcy Court. The District court denied the

mortgage company’s petition for attorneys’ fees; thus, the mortgage

company appealed to the Third District Court of Appeals.

ISSUE: Did the lower court err when it denied the mortgage

company’s pleading for attorneys’ fees?

RULES OF LAW: A state trial court will not award attorneys’

fees incurred in a federal court.

DECISION: The court of appeals affirmed the decision of the

trial court.

DOCTRINAL REASON: The doctrinal reason for the court’s

decision is that a state court does not hold jurisdiction to

award attorneys’ fees that were incurred in federal court.

POLICY REASON: In order to protect the judicial system,

courts must carefully discern jurisdiction to avoid over

reaching.