Denial of Fee Award Due to Insufficient Expert Testimony – Raza v. Deutsche Bank

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In this foreclosure case, the trial court dismissed the lender’s case for failure to comply with a court order.  The borrower, Raza, moved for prevailing party attorneys’ fees under a flat-fee agreement.  The trial court denied the motion because the expert affidavit failed to state a reasonable number of hours incurred in the case.  The appellate court affirmed, holding, “We have no transcript of the fee hearing, the order on review is not facially erroneous, and Mr. Raza’s proof failed to demonstrate a reasonable fee.”

Raza v. Deutsche Bank, 37 Fla. L. Wkly D2243c (Fla. 2d DCA Sept. 1, 2012)

Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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