Legal Opinion

B & H Miracle, LLC v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Decided October 11, 2017No. CASE NO. 1D16-3549PublishedCited by 3 opinions

1Per curiam

Appellants challenge several aspects of a deficiency judgment. We reverse the award of attorney’s fees for lack of proof, and otherwise affirm the judgment.

Though Appellee claimed to have filed affidavits supporting its plea for attorney’s fees at the hearing, no such affidavits appear in the record. In fact, the record is devoid of any evidence supporting the award of attorney’s fees. In cases such as this where the record contains no competent substantial evidence of fees, the award is properly reversed without remand for taking additional evidence. Freiman v. Nat’l City Mortg. Co., 183…

2Cases cited1 opinion

  1. Bruce Freiman v. National City Mortgage Co.District Court of Appeal of Florida · 2015

3Cited by3 opinions

  1. Ali v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2019
  2. Ali v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2019
  3. David Sasser v. Joleen SasserDistrict Court of Appeal of Florida · 2026

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