RAYMONDE CHARLES A/K/A RAYMONDE JOSEPH CHARLES AND CLAUDE CHARLES
v.
HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2005-9 AND THE PINES OF WEKIVA HOMEOWNERS ASSOCIATION, INC.
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A foreclosure judgment is affirmed, but an award of attorneys' fees must be reversed when no competent, substantial evidence is presented at trial to substantiate the fees.
[1] An award of attorneys' fees in a foreclosure judgment must be supported by competent, substantial evidence introduced at trial; absent such evidence, the fee award must b…
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Join FLexlaw to unlock all legal intelligence“we reverse the attorney's fee award in the foreclosure judgment without remand because the award is not supported by competent, substantial evidence.”
Court's citation to Market Tampa Investments, LLC v. Deutsche Bank National Trust Co.
Raymonde Charles and Claude Charles were defendants in a foreclosure action brought by HSBC Bank USA National Association as trustee for a home equity…
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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
RAYMONDE CHARLES A/K/A RAYMONDE
JOSEPH CHARLES AND CLAUDE CHARLES,
Appellants,
v. Case No. 5D19-979
HSBC BANK USA NATIONAL
ASSOCIATION AS TRUSTEE FOR GSAA
HOME EQUITY TRUST 2005-9 AND
THE PINES OF WEKIVA HOMEOWNERS
ASSOCIATION, INC.,
Appellees.
________________________________/
Opinion filed May 15, 2020
Appeal from the Circuit Court for Orange County, Patricia Strowbridge, Judge.
Andrew B. Greenlee, of Andrew B. Greenlee, P.A., Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellants.
Kimberly S. Mello, of Greenberg Traurig, P.A., Orlando, and Vitaliy Kats, of Greenberg Traurig, P.A., Tampa, for Appellee, HSBC Bank USA National Association as Trustee for GSAA Home Equity Trust 2005-9. No appearance for other Appellee.
2
PER CURIAM.
We affirm the final judgment of foreclosure in all respects, except for the award of attorneys’ fees. Because no evidence was introduced at trial to substantiate the award of attorneys’ fees, we reverse the award of those fees without remand. See Englert v. HSBC Bank USA, N.A., as Tr. for Deutche Alt-A Sec., Inc., 264 So. 3d 411, 411 (Fla. 5th DCA 2019); Mkt. Tampa Invs., LLC v. Deutche Bank Nat’l Tr. Co. for Novastar Mortg. Funding Tr., Series 2007-I, 216 So. 3d 783, 783 (Fla. 2d DCA 2017) (“[W]e reverse the attorney’s fee award in the foreclosure judgment without remand because the award is not supported by competent, substantial evidence.” (citing Michel v. Bank of N.Y. Mellon, 191 So. 3d 981, 984 (Fla. 2d DCA 2016))). AFFIRMED in part and REVERSED in part.
EVANDER, C.J., ORFINGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Michel v. The Bank OF NEW York Mellon, 191 So. 3d 981 (Fla. 2d DCA 2016)
- Englert v. HSBC Bank USA, 264 So. 3d 411 (Fla. 5th DCA 2019)