GERFRIED MUELLER, APPELLANT/CROSS-APPELLEE,
v.
AVERY A. MARKS, APPELLEE/CROSS-APPELLANT
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In a mortgage foreclosure case, the Fourth District Court of Appeal affirmed the trial court's judgment in favor of the mortgagee but reversed the award of attorney's fees due to incorrect calculation. The court remanded for recalculation of fees based on the undisputed hours and hourly rate.
The court affirmed the foreclosure judgment and the determination that the mortgagee was the prevailing party entitled to attorney's fees, but reversed the amount of fees awarded and remanded for recalculation. The mortgagee was also granted attorney's fees and costs on appeal pursuant to the note and mortgage provision.
[1] A trial court's final judgment in a mortgage foreclosure action will be affirmed if the record reflects no error or abuse of discretion.
[2] A party found to be the prevailing party in a mortgage foreclosure action is entitled to an award of attorney's fees.
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Join FLexlaw to unlock all legal intelligence“The record shows that the fees were incorrectly computed, as exceeding any calculation applying the undisputed number of hours incurred and the reasonable hourly rate, concerning which there is no disagreement.”
Establishes the basis for reversing the fee award—the trial court's calculation exceeded what the undisputed facts supported.
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Join FLexlaw to unlock all legal intelligenceThis was a mortgage foreclosure action brought by the mortgagee against the mortgagor. The trial court entered judgment in favor of the mortgagee and …
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PER CURIAM.
We affirm in part and reverse in part this appeal from a judgment and supplemental judgment in favor of the mortgagee in this mortgage foreclosure and counterclaim.
The final judgment is affirmed as the record reflects no error or abuse of trial court discretion. We also find no error or abuse of discretion as to that portion of the supplemental judgment holding that Appellee is the prevailing party and therefore entitled to an award of attorney’s fees. However, we reverse as to the amount of attorney’s fees awarded.
The record shows that the fees were incorrectly computed, as exceeding any calculation applying the undisputed number of hours incurred and the reasonable hourly rate, concerning which there is no disagreement.
Therefore, we remand for the attorney’s fees to be recalculated. As to all other issues raised, we affirm.
GUNTHER, C.J., and STONE and FARMER, JJ., concur. BY ORDER OF THE COURT:
ORDERED, on Appellee/Cross-Appel-lant’s October 5, 1995, petition for rehearing on question of attorney fees only, it appearing to the court that:
(1) The trial court entered a judgment of foreclosure of a note and mortgage in Appel-lee/Cross-Appellant’s favor, and awarded her attorney’s fees below as the prevailing party; and
-(2)'This court affirmed that judgment and "that award on appeal, remanding only for correction of the computation of the amount of fees; and (3) Appellee/Cross-Appellant timely served a petition for attorney’s fees on appeal, pursuant to the note and mortgage, which provided for costs of collection, including attorney’s fees on appeal; and (4) AppellanVCross-Appellee has made no showing why Appellee/Cross-Appellant should not be entitled to attorney’s fees on appeal;
The petition for rehearing is granted and Appellee/Cross-Appellant’s November 10, 1994, petition for attorney’s fees and costs is hereby granted.