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RUDOLPH v. UNGER

No. 82-1045.

417 So.2d 1095 (1982)

S.J. RUDOLPH, Trustee, Appellant, v. Thelma R. UNGER and Victoria Richard, Appellees.

District Court of Appeal of Florida, Third District.

August 10, 1982.

Attorney(s) appearing for the Case

Myers, Kaplan, Levinson, Kenin & Richards and Bruce J. Berman and William M. Grodnick, Miami, for appellant.

Horton, Perse & Ginsberg and Mallory Horton, Miami, for appellees.

Before HENDRY, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

We hold that the trial court properly denied attorney's fees to a mortgagor upon the release of a part of the real property included in a lien created by a 1974 mortgage. The mortgagor claimed fees pursuant to Section 701.04 of the Florida Statutes as amended in 1980.1

First, the statute creating the right to recover fees was adopted after the execution of the contract and does not have retroactive effect. Tuggle...

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