MOHAMMED N. ALI

v.

WELLS FARGO BANK, N.A., ETC.

Fla. 5th DCA | 2019-02-15

No. 15-2796

Thompson, Jr., J., Berger, J., Lambert, J., Edwards, J.

264 So. 3d 1096 Florida District Court of Appeal, Fifth District (2019)

Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

A party seeking attorney's fees must present competent, substantial evidence to support the number of hours, hourly rate, and total fee amount.

Headnotes

[1] A party seeking an award of attorney's fees must present competent, substantial evidence supporting the number of hours expended, the hourly rate charged, and the total f…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Mohammed N. Ali appealed a final judgment in a case against Wells Fargo Bank, N.A. The trial court awarded attorney's fees to Wells Fargo.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

Topics

Appellate Review Of Fee Awards Fee Awards Remand For Further Proceedings Hourly Rate

Explore caselaw by topic → Browse Appellate Review Of Fee Awards cases and more on FLexlaw

Opinion of the Court

Edwards

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

MOHAMMED N. ALI,

Appellant,

v. Case No. 5D15-2796

WELLS FARGO BANK, N.A., ETC.,

Appellee.

________________________________/

Opinion filed February 15, 2019

Appeal from the Circuit Court for Orange County, Emerson R. Thompson, Jr., Senior Judge.

Michael P. Fuino, of Weidner Law, P.A., St. Petersburg, for Appellant.

Kimberly S. Mello, Laura J. Bassini and Vitaliy Kats, of Greenberg Traurig, P.A., Tampa, for Appellee.

PER CURIAM.

We affirm the final judgment in all respects except for the attorney's fee award. Because Wells Fargo failed to present any competent, substantial evidence to support the number of hours spent on the case, the hourly rate, or the total fee, we reverse that

2 portion of the final judgment awarding attorney's fees.¹ See Michel v. Bank of N.Y. Mellon, 191 So. 3d 981, 984 (Fla. 2d DCA 2016); see also B & H Miracle, LLC v. Wells Fargo Bank, N.A., 227 So. 3d 238, 239 (Fla. 1st DCA 2017); Freiman v. Nat'l City Mortg. Co., 183 So. 3d 1111, 1112 (Fla. 4th DCA 2015); Warner v. Warner, 692 So. 2d 266, 268 (Fla. 5th DCA 1997).

AFFIRMED, in part; and REVERSED, in part.

BERGER, LAMBERT and EDWARDS, JJ., concur.

Footnotes

1 We decline Wells Fargo's invitation to remand for further proceedings. The cases cited by Wells Fargo in support of remand are distinguishable where, unlike here, the party seeking attorney's fees presented some evidence to support the fees awarded and had filed attorney's fees affidavits prior to trial that substantiated the fees. See Black Point Assets, Inc. v. Ventures Tr. 2013-I-H-R by MCM Capital Partners, LLC, 236 So. 3d 1134, 1137 (Fla. 2d DCA 2018); Henderson v. OneWest Bank, FSB, 217 So. 3d 209, 210 (Fla. 1st DCA 2017); Colson v. State Farm Bank, F.S.B., 183 So. 3d 1038, 1040 (Fla. 2d DCA 2015); Diwakar v. Montecito Palm Beach Condo. Ass'n, 143 So. 3d 958, 961 (Fla. 4th DCA 2014); Morton v. Heathcock, 913 So. 2d 662, 670 (Fla. 3d DCA 2005); Rodriguez v. Campbell, 720 So. 2d 266, 267–68 (Fla. 4th DCA 1998).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Drew Schreiber v. Schreiber, 331 So. 3d 874 (Fla. 5th DCA 2021)
Friedman v. Deutsche Bank Nat'l Tr. Co. for Soundview Home Loan Tr. 2006-Opt5 (Fla. 5th DCA 2021)

Authorities Cited (11 total)

Warner v. Warner, 692 So. 2d 266 (Fla. 5th DCA 1997)
Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)
Diwakar v. Montecito Palm Beach Condo. Ass'n, Inc., 143 So. 3d 958 (Fla. 4th DCA 2014)
Colson v. State Farm Bank, 183 So. 3d 1038 (Fla. 2d DCA 2015)
Michel v. The Bank OF NEW York Mellon, 191 So. 3d 981 (Fla. 2d DCA 2016)
Morton v. Heathcock, 913 So. 2d 662 (Fla. 3d DCA 2005)
Freiman v. Nat'l City Mortg. Co., 183 So. 3d 1111 (Fla. 4th DCA 2015)
Henderson v. Onewest Bank, FSB, 217 So. 3d 209 (Fla. 1st DCA 2017)
Black Point Assets, Inc. v. M C M Cap. P'rs, 236 So. 3d 1134 (Fla. 2d DCA 2018)
B & H Miracle, LLC v. Wells Fargo Bank, N.A., 227 So. 3d 238 (Fla. 1st DCA 2017)

View all 11 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw

MOHAMMED N. ALI v. WELLS FARGO BANK, N.A., ETC.