Florida District Courts of Appeal, 2014

Wagner v. Bank of America, N.A.

Florida District Courts of Appeal · Decided July 18, 2014 · Morris, Silberman, Larose

143 So. 3d 447; 2014 Fla. App. LEXIS 11018; 2014 WL 3537015 (Southern Reporter, Third Series)

Cases that cite this one

12 later published cases cite this decision.

PAGE, PAGE v. UNITED STATES OF AMERICA DEPARTMENT OF TREASURY - INTERNAL REVENUE SERVICE, BANK OF AMERICA, N. A. (Fla. Dist. Ct. App. 2024)
Boyette v. BAC Home Loans Servicing, LP (Fla. Dist. Ct. App. 2015)
Doyle v. Citimortgage, Inc. (Fla. Dist. Ct. App. 2015)
Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc. (Fla. Dist. Ct. App. 2026)
Black Point Assets, Inc. v. Ventures Trust 2013-I-H-R (Fla. Dist. Ct. App. 2018)
Thomas Petrovsky a/k/a Thomas J. Petrovsky and Nancy Petrovsky a/k/a Nancy R. Petrovsky v. HSBC Bank, USA, etc. (Fla. Dist. Ct. App. 2016)
Colson v. State Farm Bank, F.S.B. (Fla. Dist. Ct. App. 2015)
FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I (Fla. Dist. Ct. App. 2021)
Stephen A. HENDERSON, Jr., Appellant, v. ONEWEST BANK, FSB, Appellee (Fla. Dist. Ct. App. 2017)
Evans v. HSBC Bank, USA, National Association (Fla. Dist. Ct. App. 2017)
Michel v. The Bank of New York Mellon (Fla. Dist. Ct. App. 2016)
Sanks v. Ameriquest Funding II Reo Subsidiary, LLC (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

MORRIS, Judge.

Paul Wagner appeals a final judgment of foreclosure entered in favor of BAC Home Loans Servicing, LP, the predecessor in interest to appellee Bank of America, N.A. (collectively referred to as the bank). We affirm the finding of liability in the final judgment without comment, but we reverse and remand for further proceedings on damages.

Wagner claims that the trial court erred in awarding $9588.85 for the costs of collection (including attorney’s fees) when there was no evidence presented to support this amount. He also contends that the trial court erred in including $3619 for property inspections because there was no evidence to support this amount.

A damages award must be supported by competent, substantial evidence. See Shakespeare v. Prince, 129 So.3d 412, 413-14 (Fla. 2d DCA 2013). The $3619 awarded to the bank for property inspections was not reflected on the payment history admitted at trial, which was the only evidence offered by the bank regarding the non-principal amounts owed by Wagner. The $9588.85 for costs of collection, which included costs paid by the bank’s counsel and attorney’s fees charged by the bank’s counsel, were also not reflected on the payment history. The only evidence of these costs and fees was an affidavit filed by the bank’s counsel prior to trial, but as all parties agreed below, Wagner was entitled to an evidentiary hearing on the amount of attorney’s fees and costs sought by the bank. 1 See Newman v. Newman, 121 So.3d 661, 662 (Fla. 1st DCA 2013) (holding that trial court “erred in awarding fees and costs without conducting a hearing and giving [a]ppellant the opportunity to dispute the reasonableness of the attorney’s hourly rate and time claimed”). Therefore, there was no competent, substantial evidence to support the award of damages for the $9588.85 for costs of collection or the $3619 for property inspections.

Wagner also argues that the trial court’s calculations for insurance damages exceeded the actual amount reflected on the payment history, and our review of the payment history indicates that the amount awarded to the bank for insurance payments exceeded the actual amount proven by $149.

Accordingly, we reverse the final judgment as to damages and remand for further proceedings on the issue of attorney’s fees and costs. On remand, the trial court shall also correct the calculation of insurance damages and eliminate the $3619 awarded for inspections.

Affirmed in part, reversed in part, and remanded.

SILBERMAN and LaROSE, JJ., Concur.

. In fact, the bank conceded at the bench trial that it was not prepared to present evidence on attorney’s fees unless the trial court was willing to consider the affidavit filed by counsel. Wagner’s counsel objected, and they all agreed that live testimony was required.

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