Florida Real Estate Appeal: Dispute over final judgment of mortgage foreclosure – How do you prove the amount of debt owed to you under Florida law?

Are you involved in a real-estate dispute in Palm Beach?    Have you experienced a mortgage foreclosure on your Miami property? Were you recently involved in a contract lawsuit with afinal judgment for damages? If so, you may want to read a recent case from Florida’s 2nd District Court of Appeal dealing with damages.

What evidence is needed to support an award for damages in Florida?

• A damages award must be supported by competent, substantial evidence.
• If you win a contract lawsuit in Boca Raton, you probably want an award of damages.
• Your contract lawyer in Broward must submit substantive evidence to support the dollar amount you are requesting.

• In this recent Florida mortgage foreclosure case, the mortgage company did not provide enough evidence to support the entire award for damages in its final judgment.
• The loan payment history, by itself, was not enough evidence to support the damagesaward.

• If a person sues you in Fort Lauderdale for an unpaid loan, make sure that the amount of the loan award is supported by substantive evidence.
• Otherwise, you may end up overpaying the amount of debt owed if you lose at trial.
• Also, testimony evidence, by itself, is insufficient to establish the total amount of the damages award in a commercial litigation because it is inadmissible hearsay.
• At trial, your Palm Beach contracts attorney should immediately object to any hearsayevidence.
• If you think the evidence that was admitted in a breach of contract lawsuit against you did not support the final judgment for damages awarded to the winner of the case, you may be able to file an appeal to determine the correct amount of damages.

To read a free online copy of this case opinion and learn more about proving a damages award, click here:

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/April/April%2001,%202015/2D13-5651.pdf.