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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.
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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Docket No: Case No. 5D17-3386
Decided: March 08, 2019
Court: District Court of Appeal of Florida, Fifth District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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