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Genci Xhelaj v. McCormick 105, LLC

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jun 2, 2017
219 So. 3d 989 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–1804

06-02-2017

Genci XHELAJ and Teuta Kanni, Appellants, v. MCCORMICK 105, LLC, Appellee.

Michael P. Fuino of Weidner Law, P.A., St. Petersburg, for Appellants. Manuel Farach of McGlinchey Stafford, Fort Lauderdale, for Appellee.


Michael P. Fuino of Weidner Law, P.A., St. Petersburg, for Appellants.

Manuel Farach of McGlinchey Stafford, Fort Lauderdale, for Appellee.

PER CURIAM.

We affirm the final judgment of foreclosure in all respects, save one. The appellee confesses there was no competent, substantial evidence to support the attorney's fee award within the foreclosure judgment, and so we reverse and remand for the trial court to conduct further proceedings to establish the correct amount due and owing. See Boyette v. BAC Home Loans Servicing, LP , 164 So.3d 9, 11 (Fla. 2d DCA 2015) (reversing and remanding for further proceedings where foreclosure judgment's inclusion of interest, property inspection fees, and attorney's fees was not supported by competent, substantial evidence); see also Hovannesian v. PennyMac Corp. , 190 So.3d 681, 682 (Fla. 4th DCA 2016) (observing where foreclosure judgment included unsupported awards of interest, attorney's fees, and miscellaneous expenses, "[t]he appropriate remedy is to reverse and remand the judgment for further proceedings to properly establish the correct amount due and owing").

Affirmed in part; reversed in part; remanded.

NORTHCUTT, LUCAS, and ROTHSTEIN–YOUAKIM, JJ., Concur.


Summaries of

Genci Xhelaj v. McCormick 105, LLC

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jun 2, 2017
219 So. 3d 989 (Fla. Dist. Ct. App. 2017)
Case details for

Genci Xhelaj v. McCormick 105, LLC

Case Details

Full title:GENCI XHELAJ and TEUTA KANNI, Appellants, v. MCCORMICK 105, LLC, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Jun 2, 2017

Citations

219 So. 3d 989 (Fla. Dist. Ct. App. 2017)

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