Florida’s Third District Court of Appeal ruled that a lawyer who raised standing as an affirmative defense was not barred from recovering attorney fees for his client, pointing to the ripple effect of new case law recently handed down by the Florida Supreme Court.

Evan M. Rosen, a solo practitioner based in Hollywood, represented Roberto and Solangel Verde against HSBC Bank USA, National Association. The case was initially before Miami-Dade Circuit Judge Rodolfo A. Ruiz, who denied Rosen’s § 57.105(7) motion for prevailing-party attorney fees.

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