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PEOPLES TRUST & SAV. BANK v. BAIRD

No. 83-318.

346 N.W.2d 1 (1984)

PEOPLES TRUST & SAVINGS BANK, Appellant, v. Donald BAIRD, Wanda Baird, Duane Latta, and Dolores Latta, et al., Appellees.

Supreme Court of Iowa.

March 14, 1984.

Attorney(s) appearing for the Case

Dennis S. Clark, Iowa City, for appellant.

David J. Meloy, of Stanley, Lande, Coulter & Pearce, Muscatine, for appellees Duane Latta and Dolores Latta.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McCORMICK and WOLLE, JJ.

WOLLE, Justice.

The Peoples Trust and Savings Bank [bank] appeals from the trial court's order allowing attorney fees in a mortgage foreclosure action in an amount it considers unreasonably small. The trial court held that Iowa Code section 625.25 (1981) limited the amount of attorneys fees which could be awarded to the sum of $1,125 because that was the overdue amount the bank demanded in its written notice served before the foreclosure action was brought. The bank...

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