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&# 65279; CASE: Florida Federal Savings And Loan Association v. Sanchez, 553 So. 2 d 1254 (Fla. 3 rd 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 companys 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 companys 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 companys 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 courts 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.
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