Florida District Courts of Appeal, 1978

Schwarz v. Equilease Corp.

Schwarz v. Equilease Corp.
Florida District Courts of Appeal · Decided April 18, 1978 · Carroll, Haverfield, Pearson, Ret
357 So. 2d 480; 1978 Fla. App. LEXIS 15726 (Southern Reporter, Second Series)

Schwarz v. Equilease Corp.

Opinion of the Court

PER CURIAM.

The defendants appeal a summary final judgment for the plaintiff in an action upon guarantees of a truck lease agreement, and the assessment of an attorney’s fee for the plaintiff pursuant to a provision in the guarantees. The defendants urge that there were genuine issues of material fact. The record reveals only a question of law upon the guarantees and we find no error upon the trial court’s determination of the question of law. The guarantees were clearly for a continuing obligation.

We find error in the amount of the attorney’s fee. The contract provided:

“Guarantor agrees to pay attorneys fees of 15% of amount due if claim is placed with attorneys for collection, if allowed by law.”

The trial court mistakenly allowed more than 15% of the amount due under the guarantee.

The judgment is modified by the substitution of the amount of $1,384.86 in the place and stead of the amount of $2,250 allowed as attorney’s fee for the plaintiff. As modified, the judgment is affirmed.

Modified and affirmed.

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