FARRELL v. BANK OF NEW YORK MELLON AS TRUSTEE FOR HOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2005 24 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2005 24 (2026)

District Court of Appeal of Florida, Second District.

Veatrice A. FARRELL, Appellant, v. The BANK OF NEW YORK MELLON fka The Bank of New York, AS TRUSTEE FOR the HOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2005-24, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-24, Appellee.

No. 2D2024-2167

Decided: January 16, 2026

Michael Alex Wasylik of Ricardo & Wasylik, PL, Dade City, for Appellant. Danielle Spradley of Kelley Kronenberg, Fort Lauderdale, for Appellee.

Veatrice A. Farrell seeks review of a final judgment of foreclosure in favor of The Bank of New York Mellon fka The Bank of New York, as trustee for the holders of CWALT, Inc. Alternative Loan Trust 2005-24, Mortgage Pass-Through Certificates, Series 2005-24 (Bank). We affirm the final judgment without comment but reverse the award of attorneys’ fees and remand for an evidentiary hearing to determine the amount of a reasonable award of attorneys’ fees to the Bank. See Rodriguez v. Campbell, 720 So. 2d 266, 268 (Fla. 4th DCA 1998) (“[W]hen the record contains some competent substantial evidence supporting the fee or cost order, yet fails to include some essential evidentiary support such as testimony from the attorney performing the services, or testimony from additional expert witnesses, the appellate court will reverse and remand the order for additional findings or an additional hearing, if necessary.”).

Affirmed in part, reversed in part, and remanded.

PER CURIAM.

KELLY, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network