ENGLERT v. HSBC BANK USA AS TRUSTEE FOR DEUTSCHE ALT SECURITIES INC 2006 OA1 (2019)

District Court of Appeal of Florida, Fifth District.

William B. ENGLERT and Toni A. Englert, Appellants, v. HSBC BANK USA, N.A., AS TRUSTEE FOR the DEUTSCHE ALT-A SECURITIES, INC., Mortgage Pass-Through Certificates, Series 2006-OA1 and Pebble Persico, Appellees.

Case No. 5D17-3386

Decided: March 08, 2019

Andrew B. Greenlee, of Andrew B. Greenlee, P.A., Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellants. Nancy M. Wallace and Ryan D. O'Connor, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Paul W. Ettori, of Akerman, LLP, Orlando, for Appellee, HSBC Bank USA, N.A. No Appearance for other Appellee.

We affirm the final judgment of foreclosure in all respects, except for the award of legal fees, attorney's fees, and inspection costs. Because no evidence was introduced at trial to substantiate the award of $ 40,376.38 in legal fees, $ 2647.50 in attorney's fees, $ 915 in inspection costs, and $ 157.50 in other costs, we reverse the award of said fees without remand.¹ See Mkt. Tampa Invs., LLC v. Deutsche Bank Nat'l Tr. Co. for Novastar Mortg. Funding Tr., Series 2007-I, 216 So.3d 783, 783 (Fla. 2d DCA 2017) (“[W]e reverse the attorney's fee award in the foreclosure judgment without remand because the award is not supported by competent, substantial evidence.” (citing Michel v. Bank of N.Y. Mellon, 191 So.3d 981, 984 (Fla. 2d DCA 2016) ) ).

AFFIRMED in part, REVERSED in part.

FOOTNOTES

1. We commend Appellee's counsel for conceding error on this point at oral argument.

PER CURIAM.

ORFINGER, BERGER and WALLIS, JJ., concur.

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