CASE: Florida Federal Savings And Loan Association v. 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 astate court that granted summary judgment to the mortgagor.Subsequently, the mortgagees’ filed a petition for bankruptcyunder Chapter 13 of the United States Bankruptcy Code; later, themortgagees’ 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 bankruptcycourt. PROCEEDINGS: The mortgage company sought attorneys’ fees froma state district court for the action that the mortgage companypursued in Federal Bankruptcy Court. The District court denied themortgage company’s petition for attorneys’ fees; thus, the mortgagecompany appealed to the Third District Court of Appeals. ISSUE: Did the lower court err when it denied the mortgagecompany’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 thetrial court. DOCTRINAL REASON: The doctrinal reason for the court’sdecision is that a state court does not hold jurisdiction toaward attorneys’ fees that were incurred in federal court. POLICY REASON: In order to protect the judicial system,courts must carefully discern jurisdiction to avoid overreaching. ...
