PETRULLI v. CASTELLANO

No. 81-599.

412 So.2d 432 (1982)

Saverio PETRULLI and Janie M. Petrulli, His Wife, Appellants, v. Dorothy CASTELLANO, Individually and As Personal Representative of the Estate of John F. Castellano, Appellee.

District Court of Appeal of Florida, Fourth District.

April 14, 1982.


Attorney(s) appearing for the Case

Gary R. Marlin of M.S. Marlin, P.A., Coral Gables, for appellants.

Angeline G. Weir, Hollywood, for appellee.


LETTS, Chief Judge.

This appeal arises from the award of an attorney's fee to a borrower who successfully defended a mortgage foreclosure action. We reverse.

The promissory note secured by the mortgage provided for a reasonable attorney's fee to be awarded to the lender "in the event suit shall be brought for the collection hereof." For reasons which are not necessary to our conclusion, summary judgment was entered in favor of the borrower and later attorney...

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