Florida District Courts of Appeal, 2017

Qualmann v. Deutsche Bank National Trust

Qualmann v. Deutsche Bank National Trust
Florida District Courts of Appeal · Decided January 13, 2017 · Berger, Cohen, Torpy
210 So. 3d 705; 2017 Fla. App. LEXIS 295 (Southern Reporter, Third Series)

Qualmann v. Deutsche Bank National Trust

Opinion of the Court

PER CURIAM.

Appellants challenge the foreclosure judgment entered after a non-jury trial. Concluding that one issue on appeal is partially meritorious, we reverse and remand this cause for a new hearing on damages. Although the evidence supports a substantial component of the aggregate damage award, the evidentiary foundation for the total amount of damages is lacking. Upon remand, the trial court shall conduct a new hearing on damages. See Peuguero v. Bank of Am., N.A., 169 So.3d 1198, 1203 (Fla. 4th DCA 2015) (remanding for new damages hearing where properly admitted evidence did not support total amount awarded in foreclosure judgment). We reject Appellants’ other points on appeal without discussion. In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

COHEN, C.J., TORPY and BERGER, JJ., concur.

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