Brian Kelly a/k/a Brian K. Kelly v. BankUnited, FSB

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “strictly apply[ing] the general rule [of Thornber] . . . would elevate form over substance and lead 4 to a result contrary to the purpose of” fee-shifting provisions
• holding that “in a situation where both [parties] compromised in effectively agreeing to a settlement to end their litigation, we will not hold [one party] responsible for payment of [the other party]’s attorneys’ fees”
• finding that neither party prevailed for purposes of entitlement to attorney’s fees where the foreclosure action was voluntarily dismissed after the parties entered into a short sale agreement

Source: CourtListener parenthetical corpus (CC0).