Stephen Mc Cammond v. East Coast Properties, L L C
CourtDistrict Court of Appeal of Florida
Date FiledJune 26, 2020
Docket2D19-3027
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
STEPHEN McCAMMOND, )
a/k/a STEVE McCAMMOND, )
a/k/a STEPHEN K. McCAMMOND, and )
DONNA McCAMMOND, a/k/a )
DONNA T. McCAMMOND, )
)
Appellants, )
)
v. ) Case No. 2D19-3027
)
EAST COAST PROPERTIES, LLC; )
LEOKATE, LLC; and BASKETS )
UNLIMITED BRANDS, LLC, )
)
Appellees. )
)
Opinion filed June 26, 2020.
Appeal from the Circuit Court for Manatee
County; Kimberly Bonner, Judge.
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.
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