COOK v. BANK OF NEW YORK AS TRUSTEE FOR BENEFIT OF CWMBS INC CHL 2007 HY7 2007 HY7 (2020)

District Court of Appeal of Florida, Fifth District.

Wallace COOK, Appellant, v. The BANK OF NEW YORK, AS TRUSTEE FOR the BENEFIT OF CWMBS, INC., CHL Mortgage Pass-Through Trust 2007-HY7 Mortgage Pass-Through Certificates, Series 2007-HY7, Judith Cook, Randolph Cook, et. al., Appellees.

Case No. 5D19-1333

Decided: March 13, 2020

Patrick J. Cremeens, Jeanne M. Cremeens, and Blake J. Fredrickson, of Cremeens Law Group, P.L., Tampa, for Appellant. Dariel Abrahamy, of Greenspoon Marder, LLP, Boca Raton, for Appellee, The Bank of New York, As Trustee, for The Benefit of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-HY7 Mortgage Pass-Through Certificates, Series 2007-HY7. No Appearance for Other Appellees.

We affirm the final judgment of foreclosure entered in favor of Appellee after trial, with one exception. The final judgment determined Appellee's entitlement to an award of attorney's fees and, consistently with the court's oral pronouncement at the conclusion of the trial, provided that the amount of the fees would be set at a subsequent evidentiary hearing. However, later at Paragraph 9 of the final judgment, the court inadvertently awarded Appellee the sum of $25,761.00 for attorney's fees. Appellee concedes the error.

Accordingly, we remand for the trial court to enter a corrected final judgment that deletes the present Paragraph 9 from the judgment.

AFFIRMED; REMANDED for entry of a corrected final judgment of foreclosure.

PER CURIAM.

COHEN, WALLIS, and LAMBERT, JJ., concur.

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