U.S. Bank National Association, as Trustee of J.P. Morgan Alternative Loan Trust 2006-S4, Mortgage Pass-Through Certificates v. Fernando V. Rivabem, Liset Rivabem
The Eleventh Circuit affirmed the denial of attorneys' fees to homeowners whose foreclosure case was dismissed due to the lender's failure to serve process within the required timeframe. The court held that a procedural dismissal without prejudice does not constitute a victory on the merits required to trigger fee-shifting statutes under Florida law.