Opinion
Case No. 5D19-1333
03-13-2020
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.
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.
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.
PER CURIAM.
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.
COHEN, WALLIS, and LAMBERT, JJ., concur.