BARBARA QUALMANN AND CHRISTOPHER QUALMANN v. DEUTSCHE BANK NATIONAL TRUST ETC ET AL (2017)

District Court of Appeal of Florida, Fifth District.

BARBARA QUALMANN AND CHRISTOPHER QUALMANN, Appellants, v. DEUTSCHE BANK NATIONAL TRUST, ETC., ET AL., Appellees.

Case No. 5D15-2579

Decided: January 13, 2017

Barbara Qualmann, Longwood and Christopher R. Qualmann, Ocoee, pro se. Michael W. Smith, of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Orlando, for Appellee, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed PassThrough Certificates, Series 2004-R-12 Under the Pooling and Servicing Agreement. No Appearance for Other Appellees.

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.

PER CURIAM.

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

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