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.