Sciandra v. Pennymac Corp.

District Court of Appeal of Florida

Sciandra v. Pennymac Corp.

227 So. 3d 164, 2017 WL 2199096

CourtDistrict Court of Appeal of Florida

DecidedMay 19, 2017

DocketCase 2D15-5189

StatusPublished

Cited by1 cases

This text of 227 So. 3d 164 (Sciandra v. Pennymac Corp.) 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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Sciandra v. Pennymac Corp., 227 So. 3d 164, 2017 WL 2199096 (Fla. Ct. App. 2017).

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Opinion

BADALAMENTI, Judge.

Joseph and Lisa Sciandra appeal a final judgment of foreclosure in favor of Penny-Mac Corp. The Sciandras argue that the trial court improperly awarded attorney’s fees of $11,309 to PennyMac because Pen-nyMac failed to present expert testimony as to the reasonableness of their attorney’s hourly rate and hours expended. We agree. See Sourcetrack, LLC v. Ariba, Inc., 34 So.3d 766, 768 (Fla. 2d DCA 2010) (first citing Snow v. Harlan Bakeries, Inc., 932 So.2d 411, 412 (Fla. 2d DCA 2006); then citing Yakubik v. Bd. of Cty. Comm’rs, 656 So.2d 591, 592 (Fla. 2d DCA 1995)).

We thus reverse the award of attorney’s fees, and remand with instructions to reduce the amount of the final judgment of $657,262.35 by $11,309 to $645,953.35. 1 We affirm the final judgment of foreclosure in all other respects.

Affirmed in part; reversed in part; remanded with instructions.

CASANUEVA and SALARIO, JJ., Concur.

1

. Generally, if a prevailing party fails to present independent expert testimony to support an award of fees at the trial level, but the record is not completely devoid of evidence as to the rate and hours of the prevailing party's trial counsel, we would remand for a further determination as to the amount of the prevail-mg party’s fees. Snow, 932 So.2d at 413 (citing Rodriguez v. Campbell, 720 So.2d 266, 268 (Fla. 4th DCA 1998)). However, Penny-Mac has stipulated that this court should simply subtract the award of fees and costs from the amount of the final judgment without the need for remand.

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BADALAMENTI, Judge.

Joseph and Lisa Sciandra appeal a final judgment of foreclosure in favor of Penny-Mac Corp. The Sciandras argue that the trial court improperly awarded attorney’s fees of $11,309 to PennyMac because Pen-nyMac failed to present expert testimony as to the reasonableness of their attorney’s hourly rate and hours expended. We agree. See Sourcetrack, LLC v. Ariba, Inc., 34 So.3d 766, 768 (Fla. 2d DCA 2010) (first citing Snow v. Harlan Bakeries, Inc., 932 So.2d 411, 412 (Fla. 2d DCA 2006); then citing Yakubik v. Bd. of Cty. Comm’rs, 656 So.2d 591, 592 (Fla. 2d DCA 1995)).

We thus reverse the award of attorney’s fees, and remand with instructions to reduce the amount of the final judgment of $657,262.35 by $11,309 to $645,953.35. 1 We affirm the final judgment of foreclosure in all other respects.

Affirmed in part; reversed in part; remanded with instructions.

CASANUEVA and SALARIO, JJ., Concur.

1

. Generally, if a prevailing party fails to present independent expert testimony to support an award of fees at the trial level, but the record is not completely devoid of evidence as to the rate and hours of the prevailing party's trial counsel, we would remand for a further determination as to the amount of the prevail-mg party’s fees. Snow, 932 So.2d at 413 (citing Rodriguez v. Campbell, 720 So.2d 266, 268 (Fla. 4th DCA 1998)). However, Penny-Mac has stipulated that this court should simply subtract the award of fees and costs from the amount of the final judgment without the need for remand.

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227 So. 3d 164, 2017 WL 2199096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sciandra-v-pennymac-corp-fladistctapp-2017.

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