B AND H MIRACLE, LLC, A FLORIDA LIMITED LIABILITY COMPANY; FRANCIS L. BAKER, AN INDIVIDUAL AND JAMES E. HOLLIS, SR., AN INDIVIDUAL, APPELLANTS,
v.
WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION F/K/A WACHOVIA BANK, N.A., A NATIONAL BANKING ASSOCIATION, APPELLEE

Fla. 1st DCA | 2017-10-11
No. CASE NO. 1D16-3549
KELSEY, WINOKUR, and WINSOR, JJ., CONCUR.
227 So. 3d 238 Florida District Court of Appeal, First District (2017) Positive Treatment
Cited by 5 cases
Topics
Record Evidence Deficiency Judgment Competent Substantial Evidence Attorney'S Fees

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants challenge several aspects of a deficiency judgment. We reverse the *239award of attorney’s fees for lack of proof, and otherwise affirm the judgment.

Though Appellee claimed to have filed affidavits supporting its plea for attorney’s fees at the hearing, no such affidavits appear in the record. In fact, the record is devoid of any evidence supporting the award of attorney’s fees. In cases such as this where the record contains no competent substantial evidence of fees, the award is properly reversed without remand for taking additional evidence. Freiman v. Nat’l City Mortg. Co., 183 So.3d 1111, 1112-13 (Fla. 4th DCA 2015). Accordingly, we reverse the award of attorney’s fees without allowing further proceedings. We remand only for the trial court to ‘correct the judgment to reflect that the amount of the deficiency is $221,233.50.

KELSEY, WINOKUR, and WINSOR, JJ., CONCUR.

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  • Ali v. Wells Fargo Bank, N.A., 264 So. 3d 1096 (Fla. 5th DCA 2019)
  • Sasser v. Joleen Sasser (Fla. 6th DCA 2026)
    …99, 507 (Fla. 4th DCA 2015) (affidavits were hearsay when offered to prove the truth of the matter asserted therein). ---PAGE 9--- an award of attorneys' fees for lack of proof and declining to remand); B & H Miracle, LLC v. Wells Fargo Bank, N.A., 227 So. 3d 238, 239 (Fla. 1st DCA 2017) (reversing award of attorney's fees for lack of proof) (citing Frieman v. Nat'l City Mortg. Co., 183 So. 3d 1111, 1112–13 (Fla. 4th DCA 2015)). For the foregoing reasons, we conclude that the awarded amount of prejudgment i…

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