Opinion
CASE NO.: SC19-1218
05-28-2021
FARSHADI FARAMARZ Petitioner(s) v. NATIONSTAR MORTGAGE, LLC, ET AL. Respondent(s)
Lower Tribunal No(s).: 4D18-347; 062012CA013378AXXXCE
Upon review of the response to this Court's Order to Show Cause dated January 25, 2021, and the reply, the Court has determined that it should exercise jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court for reconsideration in light of our decision in Page v. Deutsche Bank Trust Company Americas, 308 So. 3d 953 (Fla. 2020).
Petitioner's motion for appellate attorney's fees is hereby provisionally granted in an amount to be determined by the trial court, conditioned on the party prevailing pursuant to applicable statutes, rules, and case law. However, Petitioner's request to tax costs on appeal is stricken without prejudice to Petitioner's right to timely file a motion for appellate costs in "the lower tribunal." Fla. R. App. P. 9.400(a); see, e.g., Garcia v. Collazo, 178 So. 3d 429, 430 (Fla. 3d DCA 2015) ("Motions for appellate costs . . . must be filed in the lower tribunal . . . .").
No motion for rehearing will be entertained by the Court. CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court lc
Served: ALLISON MORAT
JOSEPH G. PAGGI III
JONATHAN H. KLINE
HON. LONN WEISSBLUM, CLERK
HON. JOEL T. LAZARUS, JUDGE
HON. JACK B. TUTER JR., CHIEF JUDGE
HON. BRENDA D. FORMAN, CLERK