Florida District Courts of Appeal, 1976

Johnson & Stevenson, Inc. v. Coastal Mortgage Co.

Johnson & Stevenson, Inc. v. Coastal Mortgage Co.
Florida District Courts of Appeal · Decided March 12, 1976 · Hobson, Man, McNulty
328 So. 2d 210; 1976 Fla. App. LEXIS 14800 (Southern Reporter, Second Series)

Johnson & Stevenson, Inc. v. Coastal Mortgage Co.

Opinion of the Court

PER CURIAM.

This appeal is affirmed on the authority of Financial Federal Savings & Loan Association v. Burleigh House, Inc., Fla.App. 3rd, 1974, 305 So.2d 59.

Appellee, mortgagee, in its cross-appeal, contended that the trial court erred in finding that the appellee bear one-half of the amount of the attorneys’ fees awarded to its attorneys which is contrary to the terms and conditions of the promissory note attached to the foreclosure complaint. At oral argument, counsel for the appellant, mortgagor, commendably conceded said ruling to be in error and as to this point we reverse.

In all other aspects, the case is affirmed.

Affirmed in part; reversed in part.

McNULTY, C. J., and HOBSON and BOARD MAN, JJ., concur.

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