Third District Court of Appeal

State of Florida 

Opinion filed May 19, 2021.

Not final until disposition of timely filed motion for rehearing.

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No. 3D20-0816

Lower Tribunal No. 19-15630

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Coralia Rubiella,

Appellant,

vs.

Cascade Funding RM3 Acquisitions Grantor Trust,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Alan S. Fine, 

Judge.

Legal Services of Greater Miami, Inc., and Matthew Bayard, Jeffrey M. 

Hearne, and Mandy L. Mills, for appellant.

Nelson Mullins, and Terrance W. Anderson, Jr. (Boca Raton), for 

appellee.

Before EMAS, C.J., and HENDON and MILLER, JJ. 

EMAS, C.J.
2

Coralia Rubiella—the borrower and defendant in this reverse mortgage 

foreclosure—appeals the trial court’s order denying her motion for attorney’s 

fees following a successful defense of the action below.1 The reverse 

mortgage at issue contained a unilateral prevailing-party attorney’s fee 

provision in favor of the lender. Rubiella’s motion for attorney’s fees alleged 

that, as the prevailing party, section 57.105(7), Florida Statutes (2019),

applied to make the unilateral attorney’s fee provision reciprocal, thereby 

entitling her to an award of attorney’s fees. In response, Cascade Funding 

RM3 Acquisitions Grantor Trust countered that because the underlying loan 

was non-recourse—meaning Rubiella could not be personally liable for the 

lender’s attorney’s fees even if Cascade had prevailed—reciprocity under 

section 57.105(7) was inapplicable and therefore Rubiella was not entitled 

to attorney’s fees. 

The trial court denied Rubiella’s motion for attorney’s fees, based on 

this court’s 1992 decision in Suchman Corp. Park, Inc. v. Greenstein, 600 

So. 2d 532, 533 (Fla. 3d DCA 1992). In Suchman we held that, because the 

underlying mortgage was based upon a nonrecourse loan, in which the 

borrower cannot be personally liable for the lender’s attorney’s fees should 

1 The trial court granted Rubiella’s motion to dismiss the foreclosure action. 

The plaintiff below, Cascade Funding RM3 Acquisitions Grantor Trust, did 

not appeal that dismissal order. 
3

the lender prevail in its action to foreclose the mortgage, the unilateral 

attorney’s fees provision in the nonrecourse loan cannot be made reciprocal 

(and a prevailing borrower cannot be awarded attorney’s fees) by application 

of section 57.105(7). 

The legal question thus presented is whether the nonrecourse nature 

of the underlying loan renders inapplicable the reciprocity provision of 

section 57.105(7). We recently answered that question in the negative in 

Castellanos v. Reverse Mortgage Funding, LLC, 3D20-472 (Fla. 3d DCA 

May 12, 2021). 

In Castellanos, id. at *2-3, we reversed the trial court’s order denying 

the prevailing borrower’s motion for attorney’s fees, holding that the 

unilateral attorney’s fee provision in the mortgage was made reciprocal by 

application of section 57.105(7), notwithstanding the nonrecourse nature of 

the underlying loan. We also held: 

To the extent Suchman holds that, as a matter of law, the 

reciprocity provision of section 57.105(7) cannot apply to 

authorize an award of attorney’s fees to a prevailing borrower on 

an underlying nonrecourse loan, we determine such a holding 

has been implicitly overruled by the Florida Supreme Court’s 

recent decision in Page v. Deutsche Bank Tr. Co. Ams., 308 So. 

3d 953 (Fla. 2020) (holding that a unilateral attorney's fee 

provision in a note and mortgage was made reciprocal to a 

borrower under section 57.105(7) when the borrower prevailed

in a foreclosure action on its standing defense). 
4

The instant case is indistinguishable, in all material respects, from 

Castellanos. Therefore, and as we did in Castellanos, we reverse the trial 

court’s order denying Rubiella’s motion for attorney’s fees, and remand for 

the trial court to enter an order granting entitlement to fees under section 

57.105(7) and for further proceedings consistent with this opinion.

Reversed and remanded.