RONALD PHILIPS, APPELLANT,
v.
NATIONSTAR MORTGAGE, LLC, APPELLEE
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Florida appellate court affirmed foreclosure judgment but reversed and remanded to remove unsupported expense awards for hazard insurance, inspections, attorney's fees, and other costs lacking evidentiary support.
A foreclosure judgment must be reversed in part and remanded where the trial court included expense awards without evidentiary support at trial.
[1] A foreclosure judgment must exclude expense awards for which the mortgagee presented no evidence at trial, including hazard insurance, property inspections, attorney's fe…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellate courts do not generally provide parties with an opportunity to retry their case upon a failure of proof.”
Court explaining why it cannot allow unsupported expenses to remain in the judgment despite the general rule against retrying cases on appeal.
Nationstar Mortgage sought foreclosure against Ronald Philips. At the non-jury trial, Nationstar did not present evidence supporting awards for hazard…
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Ronald Philips (“Appellant”) appeals the trial court’s entry of final judgment of foreclosure in favor of Nationstar Mortgage, LLC (“Nationstar”). Appellant raises several issues on appeal. We affirm as to all, except for the final judgment’s inclusion of awards regarding specific expenses for which there was no proof. Appellant asserts that there was no evidence presented by Nationstar during the non-jury *945trial to justify the inclusion of the amounts listed in the final judgment for hazard insurance, property inspections, attorney’s fees, filing fees, service fees, title search costs, and statutory mailing fees.. Commendably, Nationstar concedes this point. We agree that it was error to, include those amounts in the final judgment. “[AJppel-late courts do not generally provide parties with an opportunity to retry their case upon a failure of proof.” Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So.3d 280, 283 (Fla. 2d DCA 2014) (alteration in original) (quoting Correa v. U.S. Bank Nat'l Ass’n, 118 So.3d 952, 956 (Fla. 2d DCA 2013)). Therefore, we affirm in part, reverse in part, and remand with instructions for the trial court to enter an amended final judgment in favor of Nationstar, which shall exclude any amounts for hazard insurance, property inspections, attorney’s fees, filing fees, service fees, title search costs, and statutory mailing fees, but will otherwise be in accordance with the original final judgment.
AFFIRMED IN PART, REVERSED IN PART, REMANDED WITH INSTRUCTIONS
PALMER, TORPY, AND EDWARDS, JJ., concur.
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Intego Software, LLC v. Concept Dev., Inc., 198 So. 3d 887 (Fla. 1st DCA 2016)
Authorities Cited
- Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So. 3d 280 (Fla. 2d DCA 2014)
- Correa v. U.S. Bank Nat'l Ass'n for Bacf 2006-D, 118 So. 3d 952 (Fla. 2d DCA 2013)
- Kirk v. State, 118 So. 3d 952 (Fla. 1st DCA 2013)