DAMOORGIAN, J.
Appellant, Bruce Freiman, appeals a final judgment of foreclosure entered in favor of National City Mortgage Co. ("the
This matter was resolved at a bench trial held in June of 2013. At the trial, the Bank's only witness was its default litigation coordinator and mortgage officer who testified as to Appellant's loan and payment history and the Bank's business and loan practices. The witness did not offer any testimony regarding the attorney's fees incurred by the Bank foreclosing Appellant's mortgage nor did the Bank introduce any affidavits or other evidence establishing its fees. At the conclusion of the trial, the parties presented the court with their respective proposed final judgments. The Bank's proposed judgment contained a line item for 176.40 hours of attorney work totaling $43,530.50. After taking the matter under advisement, the court entered the Bank's proposed judgment without modifying the fee award.
"The standard of review of an award of attorneys' fees is abuse of discretion." Diwakar v. Montecito Palm Beach Condo. Ass'n, Inc., 143 So.3d 958, 960 (Fla. 4th DCA 2014). "`We will uphold a trial court's award of attorneys' fees so long as it is supported by substantial, competent evidence.'" Id. (quoting Effective Teleservices, Inc. v. Smith, 132 So.3d 335, 341 (Fla. 4th DCA 2014)).
The Bank concedes that it did not submit sufficient evidence supporting the court's fee award, but argues that we should remand for additional proceedings to determine its entitlement to fees because there was "some" evidence of its fees in the record. Specifically, it cites to an affidavit it filed in 2011 which establishes that the Bank incurred $3,400 in attorney's fees for eleven hours of work.
In support of its position, the Bank points to our opinion in Diwakar, where we reversed a fee award that was based only on paralegal testimony. 143 So.3d at 961. However, in doing so, we remanded for additional proceedings because, although it did not admit them into evidence, prior to trial the prevailing party filed the affidavits of its fees expert and attorney establishing the amount of fees awarded. Id. We explained:
Id. (citations omitted) (internal quotation marks omitted).
Diwakar is distinguishable from the instant case because the affidavits filed in Diwakar constituting "some competent substantial evidence supporting the fee" order were filed right before trial and matched the amount of fees ultimately awarded. Id. Conversely, the affidavit relied on by the Bank was filed two years before trial and is for less than a tenth of the amount ultimately awarded. Thus, the 2011 affidavit of fees does not support the entirely different fee award contained in the final judgment. Accordingly, we reverse
Affirmed in part and reversed in part.
CONNER, J., and HAIMES, DAVID, Associate Judge, concur.