ELLIS v. BARNETT BANK OF LAKELAND

No. 76-884.

341 So.2d 545 (1977)

Thomas G. ELLIS, Appellant, v. BARNETT BANK OF LAKELAND, Appellee.

District Court of Appeal of Florida, Second District.

January 19, 1977.


Attorney(s) appearing for the Case

William H. Jeter and Adam G. Adams, II, of Adams & Adams, Jacksonville, for appellant.

J. Hardin Peterson, Jr., of Peterson, Carr, Harris & Seacrest, Lakeland, for appellee.


SCHEB, Judge.

Appellant Ellis, a guarantor of a mortgage debt, was one of several defendants in a suit brought by the appellee bank to foreclose that mortgage. Included in the relief prayed for was an award of reasonable attorney's fees as provided in the underlying contract guaranteed by appellant.

Appellee moved for summary judgment. Affidavits as to the merits were submitted by both appellant and appellee prior to the hearing on the motion, but no affidavits...

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