HADDOCK v. MARLIN

No. 83-1711.

458 So.2d 848 (1984)

Edward E. HADDOCK, Jr., As Trustee; Robert M. Woods, Jr., and Alvin Barasch, Appellants, v. Marvin G. MARLIN and Carolyn S. Marlin, His Wife; Lyle Powell and Myra Powell, His Wife, Appellees.

District Court of Appeal of Florida, Fifth District.

November 8, 1984.


Attorney(s) appearing for the Case

Paul H. Bowen, of Swann & Haddock, P.A., Orlando, for appellants.

Frank M. Townsend, of Townsend & Townsend, Kissimmee, for appellees.


DAUKSCH, Judge.

This is an appeal from a judgment in a mortgage foreclosure case. The issues involve interest awarded in the judgment, and attorney's fees. We reverse as to the interest and affirm as to the fees.

The trial judge awarded 25% interest to the mortgagees to begin from the date of default. Appellants complain that they should be required to pay that high rate only after the note was accelerated. The applicable note provision says:

If default...

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