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JOBERT-KENDALL, INC. v. KENDALL COMMERCIAL

Nos. 86-983, 85-2273.

491 So.2d 1301 (1986)

JOBERT-KENDALL, INC., and City National Bank of Miami, Appellants, v. KENDALL COMMERCIAL ASSOCIATES, Appellee.

District Court of Appeal of Florida, Third District.

August 5, 1986.

Attorney(s) appearing for the Case

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson and Bradford Swing, for appellants.

Britton, Schantz & Schatzman and Melissa B. Feldman and Jack Britton, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

We reverse the awards of attorney's fees, costs, and interest to the appellee-mortgagee on the holdings that (a) the well-supported determination below "that some conduct of the [mortgagee] in a measure contributed to the defendants' failure to pay within the grace period," which the trial court properly found precluded acceleration and foreclosure, likewise barred the recovery of attorney's fees and costs, Federal Home Loan Mortgage Corp. v. Taylor...

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