PHILLIPS
v.
U.S. BANK NAT'L ASS'N

Fla. 5th DCA | 2019-04-05
No. Case No. 5D17-7
266 So. 3d 1293 Florida District Court of Appeal, Fifth District (2019) Positive Treatment
Cited by 1 case

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Holding

A foreclosure judgment is affirmed but the award of attorney's fees must be reversed when not supported by competent, substantial evidence.


Headnotes

[1] An award of attorney's fees in foreclosure proceedings must be supported by competent, substantial evidence and will be reversed if such support is lacking.

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Facts & Procedural History

Andre Phillips appealed a final judgment of foreclosure entered in favor of U.S. Bank National Association. The trial court awarded attorney's fees to…

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Opinion of the Court

PER CURIAM.

Andre Phillips appeals the final judgment of foreclosure entered by the trial court in favor of U.S. Bank National Association. We affirm the final judgment in all respects except for the award of attorney's fees which was not supported by competent, substantial evidence. See Peuguero v. Bank of Am., N.A., 169 So. 3d 1198, 1203 (Fla. 4th DCA 2015) ; Diwakar v. Montecito Palm Beach Condo. Ass'n, 143 So. 3d 958, 961 (Fla. 4th DCA 2014). Accordingly, we reverse the award of attorney's fees without remand. See Michel v. Bank of N.Y. Mellon, 191 So. 3d 981, 984 (Fla. 2d DCA 2016).

AFFIRMED in part and REVERSED in part.

BERGER, GROSSHANS, and SASSO, JJ., concur.


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