HERBERT AND LESLIE GRAHAM, APPELLANTS,
v.
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A., APPELLEE
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Florida appellate court affirmed foreclosure judgment but reversed attorney's fees award of $7,790 because trial court failed to make required findings regarding time expended, hourly rate, and other factors under Florida Patient's Compensation Fund v. Rowe.
A trial court's award of attorney's fees in a foreclosure action must be supported by findings as to time reasonably expended, hourly rate, and other relevant factors, and reversal is required when such findings are absent.
[1] Attorney's fees awards in foreclosure actions require explicit findings regarding time reasonably expended, hourly rate, and other relevant factors under Florida Patient's Compensation Fund v. …
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Join FLexlaw to unlock all legal intelligenceHerbert and Leslie Graham borrowed money secured by a mortgage, and Wells Fargo Bank, N.A. initiated foreclosure proceedings against them. The trial c…
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Herbert and Leslie Graham appeal a final judgment of foreclosure in favor of Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A. We find merit only in their argument that the trial court erred in awarding $7790 in attorney’s fees to Wells Fargo without making required findings.1 The remaining portions of the final judgment are affirmed without comment.
The final judgment of foreclosure awarding Wells Fargo attorney’s fees fails to set forth findings as to the time reasonably expended, the hourly rate, or other factors, if any, considered to explain how the trial court arrived at the amount of fees it awarded as required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Because these findings are required, the lack of a transcript does not affect this court’s review of the order on appeal. See Guardianship of Halpert v. Rosenbloom, 698 So.2d 938, 939-40 (Fla. 4th DCA 1997) (noting that Rowe findings are mandatory and where an order lacks such findings, the lack of a transcript does not preclude appellate review because reversible error is apparent on the face of the order); see also Bayer v. Glob. Renaissance Arts, Inc., 869 So.2d 1232, 1232 (Fla. 2d DCA 2004) (same).
Accordingly, the award of $7790 for attorney’s fees to Wells Fargo is reversed for further proceedings consistent with this opinion.
Affirmed in part; reversed in part.
SLEET and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Jami Robin Greenberg v. Greenberg, 698 So. 2d 938 (Fla. 4th DCA 1997)
- Bayer v. Global Renaissance Arts, Inc., 869 So. 2d 1232 (Fla. 2d DCA 2004)