AMANZIMTOTI PROPERTIES, LLC., APPELLANT,
v.
OCWEN LOAN SERVICING, LLC., ABRASH ARONBAYEV, POINTE WEST CENTRAL VILLAGE TOWNHOUSE ASSOCIATION, INC., POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, UNKNOWN TENANT # 1 AND UNKNOWN TENANT # 2, APPELLEES

Fla. 4th DCA | 2016-06-22
No. 4D15-2466
TAYLOR, MAY, JJ., and KEYSER, JANIS BRUSTARES, Associate Judge, concur.
204 So. 3d 468 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 4 cases

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Holding

The court held that an award of attorney's fees, even a flat fee, requires an evidentiary hearing unless the right to one is waived, and such an award must be supported by substantial competent evidence.

Headnotes

[1] An award of attorney's fees generally requires an evidentiary hearing unless the right to a hearing has been waived.

[2] An award of attorney's fees must be supported by substantial competent evidence, including express findings on reasonable hours and hourly rates.

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Facts & Procedural History

The trial court entered a foreclosure judgment including attorney's fees without an evidentiary hearing, finding a lodestar analysis unnecessary for t…

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Topics
Lodestar Analysis Waiver Of Right To Hearing Evidentiary Hearing Competent Substantial Evidence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment of foreclosure, except to the extent it awarded attorney’s fees. On the fee issue, we reverse and remand for an evidentiary hearing.1

After the foreclosure trial was held before a magistrate, the trial court entered a foreclosure judgment, including an award of attorney’s fees, without further hearing. As to the award of attorney’s fees, the court found: “Given the amount of the fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.” On appeal, appellant argues that there was no evidence in support of the reasonableness of the award of attorney’s fees.

“Reasonable attorney’s fees generally are not liquidated damages and require a hearing. Absent an evidentiary hearing, the fee award will be reversed for a hearing unless there is an indication that the right to' a hearing was waived.” Petrovsky v. HSBC Bank, USA, 185 So.3d 700, 701 (Fla. 4th DCA 2016) (citation and internal quotation marks omitted). “An award of attorney’s fees must be supported by substantial competent evidence and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved.” Tutor Time Merger Corp. v. MeCabe, 763 So.2d 505, 506 (Fla. 4th DCA 2000). The requirement of demonstrating the reasonableness of attorney’s fees applies to awards of flat fees as well. Raza v. Deutsche Bank Nat’l Trust Co., 100 So.3d 121, 125-26 (Fla. 2d DCA 2012).

Here, the issue of attorney’s fees was never addressed at the foreclosure trial, the trial court never held an evidentiary hearing on fees, and there is nothing in the record to indicate that appellant waived the right to an evidentiary hearing. Accordingly, we reverse and remand for an evidentiary hearing on fees.

Affirmed in part, Reversed in part, and Remanded.

TAYLOR, MAY, JJ., and KEYSER, JANIS BRUSTARES, Associate Judge, concur.

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Citator

Cited By

  • Elman v. U.S. Bank, 204 So. 3d 452 (Fla. 4th DCA 2009)
    …view a trial court’s factual findings, including those pertaining to standing, See, e.g., Bank of N.Y. Mellon Tr. Co., N.A. v. Conley, 188 So. 3d 884, 884 (Fla. 4th DCA 2016); Amanzimtoti Props., LLC, v. Ocwen Loan Servicing, LLC, No. 4D15-2466, *1, 204 So. 3d 468, 466 (Fla. 4th DCA June 22, 2016). In foreclosure cases, we may be asked to review such findings. Many of our decisions on this and other issues are decided based upon the arguments presented to us. We do not formulate those arguments, but are requ…
  • Forte v. ALL Cnty. Towing Inc. (Fla. 4th DCA 2022)
    …earing “An award of attorney’s fees must . . . contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved.” Amanzimtoti Props., LLC v. OCWEN Loan Servicing, LLC, 204 So. 3d 468, 468 (Fla. 4th DCA 2016) (quoting Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000)). “‘Reasonable attorney’s fees’ generally are not liquidated damages and require a hearing. Absent an evidentiary hearing, the fee awa…
  • Forte v. ALL Cnty. Towing Inc. (Fla. 4th DCA 2022)
    …ary Hearing “An award of attorney’s fees must . . . contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved.” Amanzimtoti Props., LLC v. OCWEN Loan Servicing, LLC, 204 So. 3d 468, 468 (Fla. 4th DCA 2016) (quoting Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000)). “‘Reasonable attorney’s fees’ generally are not liquidated damages and require a hearing. Absent an evidentiary hearing, the fee award w…

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