Qualmann v. Deutsche Bank National Trust

District Court of Appeal of Florida

Qualmann v. Deutsche Bank National Trust

210 So. 3d 705, 2017 Fla. App. LEXIS 295

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 2017

DocketCase No. 5D15-2579

StatusPublished

This text of 210 So. 3d 705 (Qualmann v. Deutsche Bank National Trust) 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

Qualmann v. Deutsche Bank National Trust, 210 So. 3d 705, 2017 Fla. App. LEXIS 295 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Appellants challenge the foreclosure judgment entered after a non-jury trial. Concluding that one issue on appeal is partially meritorious, we reverse and remand this cause for a new hearing on damages. Although the evidence supports a substantial component of the aggregate damage award, the evidentiary foundation for the total amount of damages is lacking. Upon remand, the trial court shall conduct a new hearing on damages. See Peuguero v. Bank of Am., N.A., 169 So.3d 1198, 1203 (Fla. 4th DCA 2015) (remanding for new damages hearing where properly admitted evidence did not support total amount awarded in foreclosure judgment). We reject Appellants’ other points on appeal without discussion. In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

COHEN, C.J., TORPY and BERGER, JJ., concur.

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PER CURIAM.

Appellants challenge the foreclosure judgment entered after a non-jury trial. Concluding that one issue on appeal is partially meritorious, we reverse and remand this cause for a new hearing on damages. Although the evidence supports a substantial component of the aggregate damage award, the evidentiary foundation for the total amount of damages is lacking. Upon remand, the trial court shall conduct a new hearing on damages. See Peuguero v. Bank of Am., N.A., 169 So.3d 1198, 1203 (Fla. 4th DCA 2015) (remanding for new damages hearing where properly admitted evidence did not support total amount awarded in foreclosure judgment). We reject Appellants’ other points on appeal without discussion. In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

COHEN, C.J., TORPY and BERGER, JJ., concur.

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Bluebook (online)

210 So. 3d 705, 2017 Fla. App. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qualmann-v-deutsche-bank-national-trust-fladistctapp-2017.

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