Market Tampa Investments, LLC v. Deutsche Bank National Trust Company

• Court: District Court of Appeal of Florida
• Decided: May 5, 2017
• Docket: 2D15-5683
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

MARKET TAMPA INVESTMENTS, LLC, ) ) Appellant, ) ) v. ) Case No. 2D15-5683 ) DEUTSCHE BANK NATIONAL TRUST ) COMPANY, as trustee for Novastar ) Mortgage Funding Trust, Series 2007-I ) Novastar Home Equity Loan Asset-Backed ) Certificates, Series 2007-I; ENGELIQUE D. ) DUPREE-FERGUSON; CHARLES B. ) FERGUSON; COUNTRY HILLS ) HOMEOWNERS ASSOCIATION, INC.; ) UNKNOWN TENANT #1; UNKNOWN ) TENANT #2, ) ) Appellees. ) ___________________________________ )

Opinion filed May 5, 2017.

Appeal from the Circuit Court for Hillsborough County; Mark D. Kiser, Judge.

Heather S. DeGrave of Walters Levine, P.A., Tampa (withdrew after briefing); Lee Segal of Florida Foreclosure & Credit Defense Firm, P.L., Clearwater, for Appellant.

Zina Gabsi and Adwoa Ghartey-Tagoe Seymour of Bryan Cave, LLP, Miami; and W. Bard Brockman and Christian J. Bromley of Bryan Cave, LLP, Atlanta, Georgia (substituted as counsels of record), for Appellee Deutsche Bank National Trust Company, as trustee for Novastar Mortgage Funding Trust, Series 2007-I Novastar Home Equity Loan Asset-Backed Certificates, Series 2007-I.

No appearance for remaining Appellees.

KHOUZAM, Judge.

Market Tampa Investments, LLC, appeals the final foreclosure judgment

entered in favor of Deutsche Bank National Trust Company, as trustee. On Deutsche

Bank's concession of error, we reverse the attorney's fee award in the foreclosure

judgment without remand because the award is not supported by competent, substantial

evidence. See Michel v. Bank of N.Y. Mellon, 191 So. 3d 981, 984 (Fla. 2d DCA 2016)

("Because the bank did not present any evidence of attorney's fees at trial, we reverse

the fee award without remand on that issue."). We otherwise affirm the foreclosure

judgment without comment.

Affirmed in part; reversed in part.

CASANUEVA and WALLACE, JJ., Concur.

-2-