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AMAURY DOMINGUEZ v. BAYVIEW LOAN SERVICING LLC
16-3164
| Fla. Dist. Ct. App. | Jul 12, 2017
|
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*1 D ISTRICT C OURT O F A PPEAL O F T HE S TATE O F F LORIDA

F OURTH D ISTRICT AMAURY DOMINGUEZ, Appellant, v.

BAYVIEW LOAN SERVICING LLC, CITY OF DANIA BEACH, YANELVYS

AGUIAR, and Unknown Tenant In Possession #1,

Appellees. No. 4D16-3164 [July 12, 2017] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Senior Judge; L.T. Case No. 13-24879 CACE (11).

Michael Farrar, Doral, for appellant.

Charles P. Gufford of McCalla Raymer Pierce, LLC, Orlando, for appellee Bayview Loan Servicing, LLC.

P ER C URIAM .

Amaury Dominguez challenges an order awarding the servicer the costs of post-foreclosure judgment expenditures in relation to the subject property. We reverse and remand because the affidavit of additional advances filed by the servicer and not admitted into evidence was wholly inadequate to prove the amounts of the servicer’s expenditures. See generally Broxmeyer v. Elie, 647 So. 2d 893, 895 (Fla. 4th DCA 1994) (“Where there is no proof of damages, there can be no recovery.”). On remand, the servicer must prove the expenses incurred and its entitlement to reimbursement for those expenses pursuant to the final judgment.

Reversed and remanded.

D AMOORGIAN , C IKLIN , JJ., and H ANZMAN , M ICHAEL A., Associate Judge, concur.

* * * *2 Not final until disposition of timely filed motion for rehearing.

2

Case Details

Case Name: AMAURY DOMINGUEZ v. BAYVIEW LOAN SERVICING LLC
Court Name: District Court of Appeal of Florida
Date Published: Jul 12, 2017
Docket Number: 16-3164
Court Abbreviation: Fla. Dist. Ct. App.
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