B & H Miracle, LLC v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

B & H Miracle, LLC v. Wells Fargo Bank, N.A.

227 So. 3d 238, 2017 WL 4526762

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 2017

DocketCASE NO. 1D16-3549

StatusPublished

Cited by2 cases

This text of 227 So. 3d 238 (B & H Miracle, LLC v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B & H Miracle, LLC v. Wells Fargo Bank, N.A., 227 So. 3d 238, 2017 WL 4526762 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Appellants challenge several aspects of a deficiency judgment. We reverse the award 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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PER CURIAM.

Appellants challenge several aspects of a deficiency judgment. We reverse the award 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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Bluebook (online)

227 So. 3d 238, 2017 WL 4526762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-h-miracle-llc-v-wells-fargo-bank-na-fladistctapp-2017.

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