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SEPLER v. EMANUEL

No. 79-2331.

388 So.2d 28 (1980)

Daniel SEPLER, Appellant, v. Annalee EMANUEL et al., Appellees.

District Court of Appeal of Florida, Third District.

September 16, 1980.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellant.

Smathers & Thompson and John W. Keller, III, Miami, for appellees.

Before SCHWARTZ and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PEARSON, TILLMAN (Ret.), Associate Judge.

The question presented by this appeal is: May the holder of a note which provides for an attorney's fee without specifying a percentage of the principal in event of enforcement be allowed a 10% fee without proof of the reasonableness of the amount of the fee? The trial judge held that Section 687.06, Florida Statutes (1977), authorized the assessment of an attorney's fee of 10% of the principal in every case where no more...

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