NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ROBERT F. RAFF and BERNICE R. )
RAFF, )
)
Appellants, )
)
v. ) Case No. 2D16-4721
)
CITIMORTGAGE, INC., )
)
Appellee. )
)
Opinion filed May 24, 2019.
Appeal from the Circuit Court for Lee
County; Michael T. McHugh, Judge.
Mark P. Stopa of Stopa Law Firm, LLC,
Tampa (withdrew after briefing), and
Latasha Scott of Lord Scott, PLLC,
Tampa (withdrew after briefing), for
Appellants.
Nancy M. Wallace and Ryan D.
O'Connor of Akerman LLP, Tallahassee;
and William P. Heller of Akerman LLP,
Fort Lauderdale, for Appellee.
CASANUEVA, Judge.
Robert F. Raff and Bernice R. Raff appeal a final judgment of foreclosure
entered in favor of Citimortgage, Inc. We find merit only in their argument that the trial
court improperly awarded attorney's fees to Citimortgage, and we reverse that portion of
the final judgment.
The Raffs argue, and Citimortgage concedes, that there was insufficient
evidence to support the award of attorney's fees. In Sourcetrack, LLC v. Ariba, Inc., 34
So. 3d 766, 768 (Fla. 2d DCA 2010), this court noted that an award of attorney's fees
must be supported by expert testimony from attorneys who are not involved in the case.
In the present case, the only testimony offered at trial to support an award of attorney's
fees came from an employee of Citimortgage. She testified that Phelan Hallinan
represents Citimortgage in this action and that Citimortgage is required to pay Phelan
Hallinan a reasonable fee for its services. She was asked, "Can you tell me how much
you are asking for?" The witness responded, "$3,717.50." As Citimortgage now
concedes, this testimony was insufficient to support the award of fees. See Sciandra v.
PennyMac Corp., 227 So. 3d 164, 164 (Fla. 2d DCA 2017) ("[T]he trial court improperly
awarded attorney's fees of $11,309 to PennyMac because PennyMac failed to present
expert testimony as to the reasonableness of their attorney's hourly rate and hours
expended.").
Therefore, we reverse the award of attorney's fees and remand with
instructions to reduce the amount of the final judgment by $3,717.50. We affirm the
final judgment of foreclosure in all other respects.
Affirmed in part; reversed in part; remanded with instructions.
BLACK and LUCAS, JJ., Concur.
-2-