Florida/Georgia Personal Injury & Workers Compensation

...In contrast, as noted by the Real Property, Probate and Trust Law Section of the Florida Bar [7] in its amicus brief, "applying MRTA and its thirty-year clock to section 704.01(2) does not work." Amicus Curiae Brief at 9. The difficulty arises because, prior to a judicial determination under section 701.04, there is no definitive "act, title transaction, event or omission" that gives rise to a "claim" to a statutory way of necessity for the purposes of applying MRTA....

...t counsel and addressed to John K. Graham, First American Title's counsel and vice president, states: In connection with the above-referenced account and pursuant to Dennis A. Darin, Jr.'s letter of June 20, 1990, Request is hereby made, pursuant to Section 701.04, Florida Statutes, that First American Title agree to accept the sum of $108,450.44, *1139 plus appropriately accrued interest as payment in full on the promissory note and in satisfaction of the mortgage given as security....

...The trial court agreed with this rational argument, and we would ordinarily affirm because of the competent, substantial evidence in the record regarding those intentions. But there are some competing legal principles that mandate a reversal here. Section 701.04, Florida Statutes Paragraph 5 of the loan agreement specifically acknowledged that the United Funding "loan" to ZPO would be "satisfied" from the $2,600,000 in proceeds, but went further to provide that the "existing mortgage" would no...

...the amended final judgment, in the language of the loan agreement and closing statement—the plan apparently was that the amended final judgment simply *96 would not be satisfied "of record." But any such plan contravenes a controlling Florida law. Section 701.04(1), Florida Statutes (2003), specifies that: Whenever the amount of money due on any mortgage, lien, or judgment shall be fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor, or assignee, or the a...

...g statute or otherwise unpersuasive. Conclusion The concept of both paying and "not satisfying of record" a judgment lien is a kind of legal cognitive dissonance that cannot *97 be resolved. The intention to contravene a controlling Florida statute, section 701.04(1), will not be given effect....

...led to record the assignments. [3] Next, New Millennial and BB & T posit that even if this court agrees with the reasoning and holding of In re Halabi, that case is inapplicable here because their representatives followed the procedures set forth in section 701.04 by obtaining a computer printout furnished by AmSouth indicating that the recorded debt had been satisfied....

...The trial court adopted this argument, finding that New Millennial was a bona fide purchaser *687 without notice because it had "diligently" inquired about the AmSouth mortgages and had been advised that they had been paid in full. We reject New Millennial and BB & T's argument because the procedures outlined in section 701.04 were not followed in this case. Section 701.04 provides, in relevant part: Cancellation of mortgages, liens, and judgments.— (1) Within 14 days after receipt of the written request of a mortgagor, the holder of a mortgage shall deliver to the mortgagor at a place designated in the...

...By so qualifying his affidavit, Jahren thereby acknowledged the debt with AmSouth was still outstanding as of that date. Yet, neither Jahren nor New Millennial nor its agents made a written request for an estoppel letter related to the two recorded mortgages, as required by section 701.04(1). Instead, they proceeded to closing even though there was no recorded "instrument acknowledging satisfaction of [the] mortgage, lien, or judgment ... duly entered of record in the book provided by law for such purposes in the proper county. " § 701.04(1) (emphasis added)....

...The satisfaction was executed by Feinstein's counsel and recorded between the date of the final judgment and the date scheduled for the foreclosure sale. Apparently, New Bethel consummated an eleventh hour refinancing to save the property. Feinstein accordingly was required by law to satisfy the judgment. See § 701.04(1), Fla....

...specific performance of appellants' agreement with the Kumicks, the sellers of the property? Fourth, did the trial court improperly rule on a garnishment matter which was not before it? Fifth, are appellees entitled to recover attorney's fees under section 701.04, Florida Statutes (1983)? Appellants obtained a money judgment against the Kumicks in the amount of $131,959.51, on October 6, 1978....

...aid funds to plaintiffs (appellants)." Appellees had previously executed the agreed-to $5,000.00 note payable to appellants and had it secured by recording a second mortgage on the property. Attorney's fees were also awarded to appellees pursuant to section 701.04....

...t Mr. Napier, as garnishee, shall have no liability as a result of the garnishment proceedings for the transfer of those funds pursuant to the order of the court below. Finally, we address the award of attorney's fees to appellees under section *356 701.04....

...e to record a satisfaction of a lien, judgment or mortgage within sixty days of full payment of the lien, judgment or mortgage. Here, the parties negotiated for the release of a judgment lien for less than the full amount of the judgment. Therefore, section 701.04 is not applicable as this was a negotiated release of judgment rather than a payment in full, which would call for a satisfaction....

...Bautista REO, through Capital Crossing Servicing, Inc., the servicer for the loan, provided ARR with an estoppel letter which provided a total payoff amount of $478,534.72. Subsequently, ARR filed a verified four-count complaint against Bautista REO alleging: (1) violation of section 701.04(1), Florida Statutes (2016); (2) interference with a contractual relationship, including a request for injunctive relief to enjoin Bautista REO from interfering with ARR’s purchase and sale contract for the subject property and to co...

...on for Bautista REO’s violations of Florida usury laws under sections 687.04 and 687.071, Florida Statutes (2016). That same day, ARR sought a temporary injunction enjoining Bautista REO from continuing to violate sections 687.04, 687.071, and 701.04, Florida Statutes, and from tortiously interfering in the real estate sales contract regarding the Pembroke Pines property, and requiring Bautista REO to immediately issue an estoppel letter in the amount of $250,000 without additional charges...

...appears to have been an action for lien foreclosure filed by Rivercrest Community Association against the Allys. In its motion to cancel sale in Wells Fargo's case, Whitburn claimed that Wells Fargo failed to provide an estoppel letter in accordance with section 701.04, Florida Statutes (2014), thus abrogating Whitburn's right to redeem the property prior to sale. The trial court granted Whitburn's motion to cancel the foreclosure sale and rescheduled the sale for November 18, 2014. On November 14, 2014, Whitburn filed another emergency motion to cancel sale, again asserting its status as record title owner of the property and alleging that Wells Fargo failed to comply with section 701.04....

...Tworoger, Fort Lauderdale, for appellees. Before SCHWARTZ, C.J., DANIEL S. PEARSON, J., and M. IGNATIUS LESTER, Associate Judge. PER CURIAM. On the main appeal, we reverse that portion of the order and final judgment which awarded attorneys' fees to the appellees under Section 701.04, Florida Statutes (1983); on the cross-appeal, we affirm that portion of the order and final judgment which refused to award attorneys' fees to the appellees/cross-appellants under Section 57.105, Florida Statutes (1983). *617 Section 701.04 [1] is a statute in derogation of the common law and must be strictly construed. Rudolph v. Unger, 417 So.2d 1095 (Fla. 3d DCA 1982). It has, accordingly, been held that the attorneys' fees provision of Section 701.04 which became effective on October 1, 1980, see Ch....

...by the mortgagee bank to foreclose the mortgages, and the mortgagors' entitlement to satisfactions was a result of the foreclosure action being resolved by settlement of the litigation. In our view, "a civil action arising out of the provisions" of Section 701.04, the express predicate to the recovery of attorneys' fees, is necessarily confined to one brought by a person who has fully paid an outstanding mortgage, lien or judgment, but despite such payment is compelled to sue to obtain a satisf...

...d frivolous. See Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982). Accordingly, that portion of the order and judgment of the trial court awarding attorneys' fees to the appellees is Reversed. NOTES [1] The statute provides: "701.04 Cancellation of mortgages, liens, and judgments....

...y the preexisting debt. Because we determine that the preexisting obligation of Henry Tellam was not secured by the Tellams' mortgage, and because the Tellams have paid their mortgage in full, the mortgagee was obligated to satisfy the mortgage. See § 701.04, Fla....

...At trial the parties stipulated to the facts, so the court ruled as a matter of law. The court found that Edward’s obligation to pay on the mortgages was separate and independent from Bernhard’s obligation to provide estoppel information to Edward pursuant to section 701.04, Florida Statutes....

...use the note did not provide for a default rate of interest. Therefore, the trial court did not err in its calculation of interest on this note. We affirm as to the remaining issues raised. Edward claimed attorney’s fees in this action pursuant to section 701.04....

...We affirm the trial court's order in all other respects. The full facts of this case are addressed in our prior opinion, Nack Holdings, LLC v. Kalb, 13 So.3d 92 (Fla. 3d DCA 2009), and thus we discuss only the facts relevant to the attorney's fees. Nack Holding prevailed in its claim that Kalb violated Section 701.04, Florida Statutes (2010), which requires timely recording of satisfactions of judgment....

...Under Florida law, "statutes awarding attorney's fees must be strictly construed." Gershuny v. Martin McFall Messenger Anesthesia Prof'l Ass'n, 539 So.2d 1131, 1132 (Fla.1989); see also Atl. Nat'l Bank of Fla. v. Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984) (stating "Section 701.04 is a statute in derogation of the common law and must be strictly construed"). Section 701.04 does not specify the mechanism by which the attorney's fees are requested and awarded, but, under Florida Rule of Civil Procedure 1.525, "[a]ny party seeking a judgment taxing......

...Before HENDRY, [*] SCHWARTZ and BASKIN, JJ. PER CURIAM. We hold that the trial court properly denied attorney's fees to a mortgagor upon the release of a part of the real property included in a lien created by a 1974 mortgage. The mortgagor claimed fees pursuant to Section 701.04 of the Florida Statutes as amended in 1980....

...e is "fully paid". Then a successful mortgagor who brings a legal proceeding is entitled to fees. Therefore the order under review is affirmed. Affirmed. NOTES [*] Although Judge Hendry participated in the decision he did not hear oral argument. [1] 701.04 Cancellation of mortgages, liens, and judgments....

right of redemption. Mr. Shelton relies on section 701.04, Florida Statutes (2014): Cancellation

...of claim filed by OB/GYN, which gives a credit to the Debtor for the amount of Fort Brooke's purchase price, should have given a credit in the amount of the fair market value of the property. In support of his position the Debtor relies on Fla.Stat. § 701.04 which provides, in pertinent part, as follows: Whenever the amount of money due on any mortgage, lien or judgment shall be fully paid ....

...and most favorably to the pleader, however, we think one must take the sense of it to be that the company has paid the judgment and taken an assignment of the judgment in the name of its attorneys who have no interest therein. Florida has a statute (§ 701.04, Fla.Stat., F.S.A.) which deals with judgments, mortgages and liens paid but not satisfied: "Cancellation of mortgages, liens and judgments....

...The plaintiff appeals from a final order granting the defendant's motion for attorney's *1169 fees. That order was based upon an underlying order finding the defendant to be the prevailing party on her motion to cause the plaintiff to record a satisfaction of judgment. See § 701.04(1), Fla....

...The check for $254.08 was sent to Walton on May 10, 2004. [2] Walton also petitioned for review of the referee's denial of Walton's motion to dismiss the Bar's complaint. However, as he did not raise this issue in his briefs, he has abandoned it. [3] See § 701.04(1), Fla. Stat. (2005). [4] Section 701.04(1), Florida Statutes, provides in pertinent part (emphasis added): Whenever the amount of money due on any mortgage, lien, or judgment shall be fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor,...

...efense, since appellees sought attorney’s fees and costs in the foreclosure actions and cannot now seek them as damages in the present cases. It appears that the trial court did award appellees attorney’s fees in the prior litigation pursuant to section 701.04, Florida Statutes, but that award was reversed on appeal in Atlantic National Bank v....

...In applying the foregoing rules to our factual situation, it must be remembered that the prior litigation involved the foreclosure of appellant’s mortgages against *568 appellees and others. The claim for an award of attorney’s fees therein by appel-lees was not based upon any contractual right, but rather on section 701.04, Florida Statutes, which provides for recovery of attorney’s fees by a debtor who pays off a mortgage indebtedness and is required to sue the mortgagee to obtain a satisfaction of the mortgage. In reversing the judgment for attorney’s fees in the prior appeal, the court essentially held that appel-lees never had a cause of action to recover attorney’s fees pursuant to section 701.04. Thus, it appears clear that, since appellees never had any claim for attorney’s fees pursuant to section 701.04, there never was an election of remedies that would preclude them from claiming as damages in this case the attorney’s fees, or equivalent, incurred in the mortgage foreclosure suit....

...As a result of stays, the foreclosure sale was reset from July 13, 2004 to June 21, 2005. On the date of the sale, C.H. Consulting purchased the property for $1,000. In their July 1, 2005 motion to vacate the sale, appellants claimed C.H. Consulting, Ltd., in violation of section 701.04, Florida Statutes (2005), [1] failed to timely respond to a title company's two written requests for estoppel letters on their behalf....

...ing their motion to vacate the foreclosure sale without holding an evidentiary hearing. [2] We have examined the other issues on appeal and find no error. Affirmed. *1188 STONE, J., and BATEMAN, III, THOMAS HOWELL, Associate Judge, concur. NOTES [1] Section 701.04 provides in part: (1) Within 14 days after receipt of the written request of a mortgagor, the holder of a mortgage shall deliver to the mortgagor at a place designated in the written request an estoppel letter setting forth the unpaid principal balance, interest due, and the per diem rate....

...The trial court found that they were entitled to a written satisfaction of the mortgage in recordable form, and dismissed Mrs. Parke’s counterclaim and third-party complaint. The trial court also granted the Gonzalezes request for attorney’s fees and costs pursuant to Section 701.04, Florida Statutes (1991)....

...ction as a matter of law, and consequently, the entry of summary judgment was proper. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982). We reverse and remand, however, the award of attorney’s fees and costs to the Gonzalezes. Section 701.04, Florida Statutes (1991), authorizes the awarding of attorney’s fees and costs whenever a civil action arises out of the cancellation of a mortgage. Section 701.04 also provides that “[wjithin 60 days of the date of receipt of the full payment of the mortgage, ......

...A party may not recover attorney’s fees and costs incurred prior to 60 days after making full payment. See Olsen v. O’Connell, 466 So.2d 352 (Fla. 2d DCA 1985); Rudolph v. Unger, 417 So.2d 1095 (Fla. 3d DCA 1982). See also Atlantic Nat’l Bank of Fla. v. Tworoger, 448 So.2d 616 (Fla. 3d DCA 1984) (section 701.04 confined to actions brought by parties who have fully paid off mortgages)....

...g that Everett and Joshlyn Daley (the Daleys) satisfied the final judgment of foreclosure and are bona fide purchasers of the property in question. We reverse because the Daleys failed to satisfy the foreclosure judgment pursuant to Florida Statutes section 701.04 and were not bona fide purchasers....

...The court vacated Synergy Investment Group’s certificates of sale and title and ordered the clerk to issue a new satisfaction of judgment in favor of the Daleys. On appeal, MERS argues that section 55.141 is inapplicable to foreclosure judgments and that section 701.04, entitled “Cancellation of mortgages, liens, and judgments,” controls....

...to the actual levy of execution issued thereon by payment of the full amount of such judgment or decree, with interest thereon, plus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered. In contrast, section 701.04 directs the mortgagor to request in writing the amount of the unpaid principal balance and specifies the mortgagee’s duties after receiving the request and the amount satisfying the judgment....

...rms.’ ” Stoletz v. State, 875 So.2d 572, 575 (Fla.2004) (quoting McKendry v. State, 641 So.2d 45, 46 (Fla.1994)). Although the Daleys contend they requested payoff information, there was no evidence they made a written request in accordance with section 701.04....

...nd charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs. “(2) Costs may be collected by execution on the judgment or order assessing costs.” Section 701.04 Fla.Stat., F.S.A....

...th the demands in the March 29th letter, 9775 Dixie initiated the instant lawsuit. 9775 Dixie’s operative complaint sought to (i) compel Safe Harbor to provide it with an estoppel 4 letter as required by section 701.04 of the Florida Statues,1 (ii) quiet title in the property by having the trial court invalidate the forged deed, and (iii) declare the Agreement unenforceable as unconscionable....

...or any other person lawfully authorized to act on behalf of a mortgagor . . ., the mortgagee or mortgage servicer shall send or cause to be sent an estoppel letter setting forth the unpaid balance of the loan secured by the mortgage. § 701.04(1)(a), Fla....

Security Act of 1985, Pub.L. 99-198, tit. VII, § 701(4), 99 Stat. 1430 (1985).2 The district court permitted

...PASKAY, Chief Judge. THIS IS a Chapter 7 case and the matter under consideration is a Motion For Order Determining Debtor's Entitlement To Award of Costs and Attorneys Fees filed by Richard R. Six (Debtor). In support of his Motion the Debtor relies on section 701.04, Florida Statutes (1994)....

...12 of OB/GYN. The Court found, based on expert testimony, that the value of the property which was foreclosed exceeded $1,900,000.00, therefore, there was no valid deficiency claim remaining. In the present matter under consideration, the Debtor contends that section 701.04 of the Florida Statutes (1994), entitles him to an award of attorneys fees and costs incurred in connection with Debtor's Objection to Claim No....

...the prevailing party shall be entitled to attorney's fees and costs. (emphasis supplied) The argument that this section warrants an award of fees and costs is disingenuous and furnishes scant, if any, support for the proposition urged by the Debtor. Section 701.04 is not applicable to the case at hand because the Debtor did not make a voluntary payment on the Note....

...Rather, the satisfaction of the Note occurred by foreclosure of the Debtor's real property in question and by the subsequent judicial sale. The fact that this Court found the value of the property at issue to be at least $1,900,000 and disallowed the deficiency claim, does not entitle the Debtor to fees and cost under section 701.04. In Atlantic National Bank of Florida v. Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984), the Court of Appeal held that under section 701.04, "attorneys' fees are not recoverable here, where the suit was instituted by the mortgagee bank to foreclose the mortgages, and the mortgagors' entitlement to satisfactions was a result of the foreclosure action being resolved by settlement of the litigation." The Court noted that the operation of section 701.04 is confined to civil actions "brought by a person who has fully paid an outstanding mortgage, lien, or judgment, . . ." Id. Since the Debtor in the present case has not fully paid the remaining balance secured by the mortgage lien, in fact he has paid nothing, this Court holds that section 701.04 is not applicable and, therefore, there is no basis for the relief sought by the Debtor....

...5th DCA 1983). Without an evidentiary hearing, the trial court was unable to determine that Petitioner was not entitled to receive proceeds in satisfaction of its mortgage in excess of the payoff figure it identified would be good only until January 14, 2000. Section 701.04(1), Florida Statutes, requires a mortgagee to execute and record a satisfaction of the mortgage within sixty days after receipt of full payment....

dismissing Lashinsky’s suit because we agree that section 701.04, Florida Statutes (1981), does not require

...Since the Crossland debt was fully paid, the Bank promptly filed its notice voluntarily dismissing this foreclosure suit and cancelling its lis pendens on the property. Following the Bank’s dismissal, the Sheltons filed a motion to tax costs and attorney’s fees. They contended that, pursuant to the authority in section 701.04, Florida Statutes (2002), they were the prevailing parties in the suit because they had protected their right of redemption by paying off the first mortgage despite the Bank’s failure to provide the required payoff figures....

...The successor judge, Isaac Anderson, Jr., conducted a hearing on the motion and entered the judgment we review, which awarded costs and fees to the Sheltons as prevailing parties in the suit. Judge Anderson found that the Bank had an obligation under section 701.04 to furnish accurate and timely payoff figures to the Sheltons and, despite the earlier finding to the contrary by Judge Steinbeck, that it had failed to do so....

...atutory basis for doing so and the request for fees has been properly pleaded.” Ajax Paving Indus., Inc. v. Hardaway Co., 824 So.2d 1026, 1029 (Fla. 2d DCA 2002). In the Sheltons’ motion for costs and fees, they pleaded only the applicability of section 701.04....

...cause to be sent the recorded satisfaction to the person who has made the full payment. In the case of a civil action arising out of the provisions of this section, the prevailing party shall be entitled to attorney’s fees and costs. We find that section 701.04 does not provide authority for the award of *550 costs and attorney’s fees in the case before us. “[Statutory authorization for attorney fees is to be strictly construed.” Sarkis v. Allstate Ins. Co., 863 So.2d 210, 223 (Fla.2003). This rule of strict construction has been specifically applied to section 701.04. See Atl. Nat’l Bank of Fla. v. Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984); Rudolph v. Unger, 417 So.2d 1095 (Fla. 3d DCA 1982). Under such strict construction, section 701.04 would apply only to the mortgagor, in this case Ms....

...no contention that they did not obtain a timely estoppel letter from the Bank or that the Bank failed to provide a satisfaction of the Crossland mortgage promptly once they paid it off in full. “[A] civil action arising out of the provisions” of Section 701.04, the express predicate to the recovery of attorney’s fees, is necessarily confined to one brought by a person who has fully paid an outstanding mortgage, lien or judgment, but despite such payment is compelled to sue to obtain a sati...

unambiguous language,” nor that of Article 7, Section 701(4)(b) of the Metropolitan Dade County Home Rule

...instant action for declaratory relief against First Bank. 1 A default was entered against First Bank. Presidential later added MERS as a defendant. In a second amended complaint, Presidential alleged that it was a purchaser for value and that the defendants violated section 701.04, Florida Statutes, by failing to timely provide an estoppel letter at the request of Presidential’s predecessor-in-interest, Terano....

...However, this opinion will refer to the entity as “First Bank.” 2  MERS was voluntarily dismissed from the action. Presidential moved for summary judgment based on First Bank’s alleged violation of section 701.04....

...The recorded assignment of mortgage provided constructive notice to the public, regardless of any alleged improper indexing. D. Estoppel Letter Argument Presidential next argues that BONY’s failure to provide an estoppel letter violated section 701.04, Florida Statutes (2019), entitling Presidential to attorney’s fees for having to resort to litigation to obtain the required estoppel amount. Because BONY was not a noticed assignee, the argument goes, Presidential’s (or its predecessor’s) request for an estoppel letter with respect to the 2005 mortgage was valid under section 701.04. 6  Such argument is without merit, because BONY was the mortgagee and no estoppel request was ever sent to BONY. Section 701.04(1) states that, “[w]ithin 14 days after receipt of the written request of a mortgagor” or “a record title owner of the property,” “the holder of a mortgage shall deliver or cause the servicer of the mortgage to deliver to the person making the request . . . an estoppel letter setting forth the unpaid balance of the loan secured by the mortgage.” § 701.04(1), Fla. Stat. (2019). Subsection (2) states that “[i]n the case of a civil action arising out of this section, the prevailing party is entitled to attorney fees and costs.” § 701.04(2), Fla. Stat. (2019). Here, BONY did not violate section 701.04 because no estoppel request was ever sent to BONY....

...Finally, Presidential did not introduce any written estoppel request into evidence at trial—in fact, Presidential offered no documents into evidence at all. In short, there is no record evidence that BONY received an estoppel request so as to trigger a duty under section 701.04 to provide an estoppel letter. E....

...ch mortgage or lien [pursuant to s. 696.05 (1), F. S.] or by recording a separate instrument showing satisfaction or partial release or discharge of a mortgage, lien, or judgment or showing final determination of the action in question [pursuant to ss. 701.04 and 713.21 , F. S.]. Your question may be answered by reference to ss. 696.05 (1), 701.04 and 713.21 , F....

...This provision for noting satisfaction of a mortgage or lien is broad enough to include noting on the index to the microfilm record of a mortgage or lien a partial release or discharge thereof. However, I would note that there is also provided, in ss. 701.04 and 713.21 , F. S., an alternate method, whereby a separate instrument may be recorded to show satisfaction of a mortgage, lien or judgment. Section 701.04 , F....

paid. The Borrowers then moved, pursuant to section 701.04(1), Florida Statutes (1997),1 for an order

PETERSON, Judge. Anthony Autilio appeals a judgment awarding attorney’s fees to Thomas Bowden as the prevailing party in an action initiated by Autilio against Bowden to cancel a judgment lien pursuant to section 701.04, Florida Statutes (1991)....

...t the court determine whether the judgment lien had been satisfied. The trial court appropriately responded and found that Auti-lio’s payments were not sufficient to satisfy the judgment. The parties filed motions for attorney’s fees pursuant to section 701.04, and it then became the trial court’s duty to determine the prevailing party under that statute and to award fees to that party....

...the statute with the potential liability for fees if the trial court found that the lien was unsatisfied. That was the only issue that the trial court had been requested to resolve by Autilio. The amount was unimportant. Second, if, before invoking section 701.04, Autilio had initiated an action for an accounting or a declaratory judgment to determine the balance of the lien, he would not have exposed himself to that liability....

...He failed to raise as issues on appeal whether the amount of the fee awarded to Bowden was supported by the proceedings before the trial court or whether the fee was awarded pursuant to Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). On appeal both parties seek an award of fees pursuant to section 701.04....

...Although we are reluctant to award the fees to Bowden based upon the facts of this case, we are bound to award fees to the prevailing party pursuant to the statute. See § 59.46, Fla. Stat. (1991). We remand to the trial court for a determination of those fees. AFFIRMED; REMANDED. COBB and DIAMANTIS, JJ., concur. . Section 701.04, Florida Statutes (1991) provides: Cancellation of mortgages, liens, and judgments....

contract discloses a contrary intention.”115 Here, section 701.04, Florida Statutes, regulates estoppel letters