SANDS
v.
DEUTSCHE BANK
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A trial court must conduct an evidentiary hearing to determine the reasonableness of attorney's fees when the record lacks testimony from an attorney regarding the work performed.
[1] An award of attorney's fees in a foreclosure action must be supported by an evidentiary hearing where the trial court determines the reasonableness of both the rate charg…
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Join FLexlaw to unlock all legal intelligence“reversing portion of final judgment awarding attorney's fees where attorney's fees affidavit filed before trial was insufficient to support fee award and trial court failed to hold evidentiary hearing”
Citation to Petrovsky v. HSBC Bank, USA regarding the requirement for an evidentiary hearing on attorney's fees
Linda Sands appealed a Final Judgment of Foreclosure entered against her in favor of Deutsche Bank National Trust Company, challenging both the bank's…
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PER CURIAM.
Appellant, Linda Sands, appeals the Final Judgment of Foreclosure entered in favor of Appellee, Deutsche Bank National Trust Company. Appellant alleges that
Appellee lacked standing to foreclose and failed to present competent, substantial evidence to support the amount awarded in the Final Judgment. Appellee acknowledges that reversal in part is required because the amount awarded for attorney’s fees was not supported by testimony from an attorney regarding the work done in this case. Therefore,
we reverse the amount awarded in attorney's fees and remand with instructions to the trial court to conduct an evidentiary hearing to determine the reasonableness of the rate and time claimed. See Petrovsky v. HSBC Bank, USA, 185 So. 3d 700, 701 (Fla. 4th
DCA 2016) (reversing portion of final judgment awarding attorney's fees where attorney's fees affidavit filed before trial was insufficient to support fee award and trial court failed to hold evidentiary hearing); Newman v. Newman, 121 So. 3d 661, 662 (Fla. 1st DCA 2013) (reversing award of attorney's fees where court failed to hold hearing and allow appellant opportunity to dispute reasonableness of rate and time claimed). We affirm without discussion the remaining issues on appeal.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions. SAWAYA, ORFINGER, and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Petrovsky v. HSBC Bank, 185 So. 3d 700 (Fla. 4th DCA 2016)
- Newman v. Newman, 121 So. 3d 661 (Fla. 1st DCA 2013)