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Recent appellate decision secured by the Tampa office

Arnstein & Lehr Attorney Robin S. Trupp

Robin S. Trupp

Arnstein & Lehr Attorney Brian R. Cummings

Brian R. Cummings

Tampa Partner Robin S. Trupp (pictured far left) and Tampa Associate Brian R. Cummings (pictured near left) recently secured a second favorable appellate decision for Partner Ronald B. Cohn’s client Cadence Bank, N.A. In a written opinion issued on March 16, Florida’s Second District Court of Appeal substantially upheld a Final Judgment in favor of the Bank for $270,000 in attorney’s fees against the Bank’s borrowers and their attorneys. The final judgment, which was appealed only by the attorneys, arose from the involuntary dismissal of multiple lender-liability claims asserted against the Bank that the trial court deemed to be frivolous. The appellate court affirmed the Final Judgment in nearly all respects, including the trial court’s finding that the claims against the Bank were frivolous. Last August, a different appellate panel from the Second District Court affirmed the underlying Final Judgment of Foreclosure in the same case, issuing an unwritten opinion a mere eight days after oral argument. In both appeals, Mr. Trupp handled oral argument while Brian drafted the briefs. To view the recent opinion, see Airan2, Airan–Pace & Crosa, P.A., et al. v. Cadence Bank, N.A., — So.3d —-, 2012 WL 880651 (Fla. 2d DCA 2012) [not final until expiration of time for rehearing].