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CHARLES v. HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2005 (2020)

District Court of Appeal of Florida, Fifth District.

Raymonde CHARLES a/k/a Raymonde Joseph Charles and Claude Charles, Appellants, v. HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2005-9 and The Pines of Wekiva Homeowners Association, Inc., Appellees.

Case No. 5D19-979

Decided: May 15, 2020

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. Kimberly S. Mello, of Greenberg Traurig, P.A., Orlando, and Vitaliy Kats, of Greenberg Traurig, P.A., Tampa, for Appellee, HSBC Bank USA National Association as Trustee for GSAA Home Equity Trust 2005-9. No appearance for other Appellee.

We affirm the final judgment of foreclosure in all respects, except for the award of attorneys’ fees. Because no evidence was introduced at trial to substantiate the award of attorneys’ fees, we reverse the award of those fees without remand. See Englert v. HSBC Bank USA, N.A., as Tr. for Deutche Alt-A Sec., Inc., 264 So. 3d 411, 411 (Fla. 5th DCA 2019); Mkt. Tampa Invs., LLC v. Deutche 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 and REVERSED in part.

PER CURIAM.

EVANDER, C.J., ORFINGER and LAMBERT, JJ., concur.

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CHARLES v. HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2005 (2020)

Docket No: Case No. 5D19-979

Decided: May 15, 2020

Court: District Court of Appeal of Florida, Fifth District.

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