Graham v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Graham v. Wells Fargo Bank, N.A.

215 So. 3d 196, 2017 WL 1363911, 2017 Fla. App. LEXIS 5020

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 2017

DocketCase 2D15-4357

StatusPublished

This text of 215 So. 3d 196 (Graham 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.

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Graham v. Wells Fargo Bank, N.A., 215 So. 3d 196, 2017 WL 1363911, 2017 Fla. App. LEXIS 5020 (Fla. Ct. App. 2017).

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Opinion

CASANUEVA, Judge.

Herbert and Leslie Graham appeal a final judgment of foreclosure in favor of Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A. We find merit only in their argument that the trial court erred in awarding $7790 in attorney’s fees to Wells Fargo without making required findings. 1 The remaining portions of the final judgment are affirmed without comment.

The final judgment of foreclosure awarding Wells Fargo attorney’s fees fails to set forth findings as to the time reasonably expended, the hourly rate, or other factors, if any, considered to explain how the trial court arrived at the amount of fees it awarded as required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Because these findings are required, the lack of a transcript does not affect this court’s review of the order on appeal. See Guardianship of Halpert v. Rosenbloom, 698 So.2d 938, 939-40 (Fla. 4th DCA 1997) (noting that Rowe findings are mandatory and where an order lacks such findings, the lack of a transcript does not preclude appellate review because reversible error is apparent on the face of the order); see also Bayer v. Glob. Renaissance Arts, Inc., 869 So.2d 1232, 1232 (Fla. 2d DCA 2004) (same).

Accordingly, the award of $7790 for attorney’s fees to Wells Fargo is reversed for further proceedings consistent with this opinion.

Affirmed in part; reversed in part.

SLEET and ROTHSTEIN-YOUAKIM, JJ., Concur.

1

, The Grahams' brief does not challenge a $2800 fee award to Choice Legal Group.

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CASANUEVA, Judge.

Herbert and Leslie Graham appeal a final judgment of foreclosure in favor of Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A. We find merit only in their argument that the trial court erred in awarding $7790 in attorney’s fees to Wells Fargo without making required findings. 1 The remaining portions of the final judgment are affirmed without comment.

The final judgment of foreclosure awarding Wells Fargo attorney’s fees fails to set forth findings as to the time reasonably expended, the hourly rate, or other factors, if any, considered to explain how the trial court arrived at the amount of fees it awarded as required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Because these findings are required, the lack of a transcript does not affect this court’s review of the order on appeal. See Guardianship of Halpert v. Rosenbloom, 698 So.2d 938, 939-40 (Fla. 4th DCA 1997) (noting that Rowe findings are mandatory and where an order lacks such findings, the lack of a transcript does not preclude appellate review because reversible error is apparent on the face of the order); see also Bayer v. Glob. Renaissance Arts, Inc., 869 So.2d 1232, 1232 (Fla. 2d DCA 2004) (same).

Accordingly, the award of $7790 for attorney’s fees to Wells Fargo is reversed for further proceedings consistent with this opinion.

Affirmed in part; reversed in part.

SLEET and ROTHSTEIN-YOUAKIM, JJ., Concur.

1

, The Grahams' brief does not challenge a $2800 fee award to Choice Legal Group.

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Bluebook (online)

215 So. 3d 196, 2017 WL 1363911, 2017 Fla. App. LEXIS 5020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-wells-fargo-bank-na-fladistctapp-2017.

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