Farrell v. The Bank of New York Mellon

DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
VEATRICE A. FARRELL,
Appellant,
v.
THE BANK OF NEW YORK MELLON fka The Bank of
New York, as trustee for the holders of CWALT, Inc.
Alternative Loan Trust 2005-24, Mortgage Pass-Through
Certificates, Series 2005-24,
Appellee.
No. 2D2024-2167
January 16, 2026
Appeal from the Circuit Court for Pinellas County; Thomas M.
Ramsberger, Judge.
Michael Alex Wasylik of Ricardo & Wasylik, PL, Dade City, for Appellant.
Danielle Spradley of Kelley Kronenberg, Fort Lauderdale, for Appellee.
PER CURIAM.
Veatrice A. Farrell seeks review of a final judgment of foreclosure in
favor of The Bank of New York Mellon fka The Bank of New York, as
trustee for the holders of CWALT, Inc. Alternative Loan Trust 2005-24,
Mortgage Pass-Through Certificates, Series 2005-24 (Bank). We affirm

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the final judgment without comment but reverse the award of attorneys'
fees and remand for an evidentiary hearing to determine the amount of a
reasonable award of attorneys' fees to the Bank. See Rodriguez v.
Campbell, 720 So. 2d 266, 268 (Fla. 4th DCA 1998) ("[W]hen the record
contains some competent substantial evidence supporting the fee or cost
order, yet fails to include some essential evidentiary support such as
testimony from the attorney performing the services, or testimony from
additional expert witnesses, the appellate court will reverse and remand
the order for additional findings or an additional hearing, if necessary.").
Affirmed in part, reversed in part, and remanded.
KELLY, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.