RANDALL LYNN HUNT
v.
SUNTRUST BANK, ET AL.,

Fla. 2d DCA | 2019-06-14
No. 18-1273
Kelly, J., Black, J., Sleet, J., Taylor, Associate Senior Judge, Timmerman, Senior Judge
Florida District Court of Appeal, Second District (2019)

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Holding

A foreclosure judgment is affirmed, but an award of attorney fees must be reversed and remanded when granted without supporting evidence or a hearing.


Headnotes

[1] An award of attorney fees in a foreclosure action must be supported by evidence and a hearing; fees granted prematurely without such support are subject to reversal and r…

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Facts & Procedural History

Randall Hunt appealed a final judgment of foreclosure rendered in favor of SunTrust Bank. The trial court awarded attorney fees to the bank, but the p…

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Opinion of the Court
Sleet

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

RANDALL LYNN HUNT, ) ) Appellant, ) ) v. ) Case No. 2D18-1273 ) SUNTRUST BANK, ) ) Appellee. ) ) Opinion filed June 14, 2019. Appeal from the Circuit Court for Hillsborough County; Sandra Taylor, Associate Senior Judge; Wayne S. Timmerman, Senior Judge. Randall Lynn Hunt, pro se. Philip D. Storey and Amanda Renee Murphy of Alvarez, Winthrop, Thompson & Storey, P.A., Orlando, for Appellee. KELLY, Judge. Randall Hunt appeals from the final judgment of foreclosure rendered in favor of SunTrust Bank. We affirm the final judgment in all respects except for the award of attorney fees, which the parties acknowledge was granted prematurely without supporting evidence or a hearing. We strike the award of fees and remand to the trial

court for the recalculation of the sum due to the bank and for the entry of an amended final judgment. Affirmed in part, reversed in part, and remanded with directions. BLACK and SLEET, JJ., Concur.


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