WILLIAM B. ENGLERT AND TONI A. ENGLERT
v.
HSBC BANK USA, N.A., AS TRUSTEE FOR THE DEUTSCHE ALT-A SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA1 AND PEBBLE PERSICO
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A foreclosure judgment is affirmed, but an award of legal fees, attorney's fees, inspection costs, and other costs must be reversed when unsupported by competent, substantial evidence at trial.
[1] In a foreclosure action, an award of legal fees, attorney's fees, inspection costs, and other costs must be supported by competent, substantial evidence introduced at tri…
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Join FLexlaw to unlock all legal intelligence“[W]e reverse the attorney's fee award in the foreclosure judgment without remand because the award is not supported by competent, substantial evidence.”
Court citing Market Tampa Investments, LLC v. Deutsche Bank National Trust Co. for Novastar Mortgage Funding Trust, Series 2007-I, 216 So. 3d 783 (Fla. 2d DCA 2017)
William and Toni Englert appealed a foreclosure judgment entered against them by the circuit court. The trial court awarded the foreclosing lender $40…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIAM B. ENGLERT AND TONI A. ENGLERT,
Appellants,
v. Case No. 5D17-3386
HSBC BANK USA, N.A., AS TRUSTEE
FOR THE DEUTSCHE ALT-A SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA1 AND PEBBLE PERSICO,
Appellees.
______________________________________/
Opinion filed March 8, 2019
Appeal from the Circuit Court for Osceola County, Robert J. Pleus, Jr., Senior Judge.
Andrew B. Greenlee, of Andrew B. Greenlee, P.A., Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellants.
Nancy M. Wallace and Ryan D. O'Connor, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Paul W. Ettori, of Akerman, LLP, Orlando, for Appellee, HSBC Bank USA,
N.A.
No Appearance for other Appellee.
PER CURIAM.
2 We affirm the final judgment of foreclosure in all respects, except for the award of legal fees, attorney's fees, and inspection costs. Because no evidence was introduced at trial to substantiate the award of $40,376.38 in legal fees, $2647.50 in attorney's fees, $915 in inspection costs, and $157.50 in other costs, we reverse the award of said fees without remand.1 See Mkt. Tampa Invs., LLC v. Deutsche Bank Nat'l Tr. Co. for Novastar Mortg. Funding Tr., Series 2007-I, 216 So. 3d 783, 783 (Fla. 2d DCA 2017) ("[W]e reverse the attorney's fee award in the foreclosure judgment without remand because the award is not supported by competent, substantial evidence." (citing Michel v. Bank of N.Y. Mellon, 191 So. 3d 981, 984 (Fla. 2d DCA 2016))). AFFIRMED in part, REVERSED in part. ORFINGER, BERGER and WALLIS, JJ., concur.
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Citator
Cited By
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Raymonde Charles v. HSBC Bank USA Nat'l Ass'n (Fla. 5th DCA 2020)
Authorities Cited
- Michel v. The Bank OF NEW York Mellon, 191 So. 3d 981 (Fla. 2d DCA 2016)
- Mkt. Tampa Invs., LLC v. Deutsche Bank Nat'l Tr. Co. FOR Novastar Mortg. Funding Tr., 216 So. 3d 783 (Fla. 2d DCA 2017)
- Washington v. U.S. Bank Nat'l Ass'n, 216 So. 3d 783 (Fla. 5th DCA 2017)