Opinion
Case No. 2D19-3027
06-26-2020
Stephen MCCAMMOND, a/k/a Steve McCammond, a/k/a Stephen K. McCammond, and Donna McCammond, a/k/a Donna T. McCammond, Appellants, v. EAST COAST PROPERTIES, LLC; Leokate, LLC ; and Baskets Unlimited Brands, LLC, Appellees.
Stephen K. McCammond and Donna T. McCammond, pro se. Michael T. Fackler and Peter E. Nicandri of Milam Howard Nicandri Gillam & Renner, P.A., Jacksonville, for Appellees.
Stephen K. McCammond and Donna T. McCammond, pro se.
Michael T. Fackler and Peter E. Nicandri of Milam Howard Nicandri Gillam & Renner, P.A., Jacksonville, for Appellees.
SILBERMAN, Judge.
Steven and Donna McCammond seek review of a final judgment of residential foreclosure entered in favor of East Coast Properties, LLC; Leokate, LLC; and Baskets Unlimited Brands, LLC (together "East Coast"). The McCammonds challenge East Coast's standing to foreclose, the sufficiency of the evidence of the loan balance, and the attorney's fees awarded in the final judgment. We find no merit in the first two issues and do not discuss them further. But we conclude that the court erred by awarding attorney's fees without providing the McCammonds notice and an opportunity to be heard.
In awarding attorney's fees in the final judgment, the trial court apparently relied on an affidavit filed by East Coast after trial. This was error because the trial court is required to conduct an evidentiary hearing on attorney's fees absent a waiver by the opposing party. See Wagner v. Bank of Am., N.A., 143 So. 3d 447, 448 (Fla. 2d DCA 2014) ; Wavra v. Nat'l Credit Union Admin. Bd., 86 So. 3d 609, 610-11 (Fla. 2d DCA 2012) ; Zumpf v. Countrywide Home Loans, Inc., 43 So. 3d 764, 766 (Fla. 2d DCA 2010). Accordingly, we reverse as to the attorney fee award and remand with directions for the court to conduct a properly noticed hearing on the motion. See Wavra, 86 So. 3d at 611 ; Zumpf, 43 So. 3d at 766. We affirm the final judgment in all other respects.
Affirmed in part, reversed in part, and remanded.
MORRIS and SLEET, JJ., Concur.