SPATH v. McLAUGHLIN

No. 85-963.

490 So.2d 217 (1986)

Wayne Howard SPATH, Appellant, v. Bill McLAUGHLIN and Terry McLaughlin, Appellees.

District Court of Appeal of Florida, Fourth District.

June 25, 1986.


Attorney(s) appearing for the Case

Brandon J. Douglas and Robert Skolnick of Paris & Douglas, P.A., Fort Lauderdale, for appellant.

Nick B. Kanelidis, Fort Lauderdale, for appellees.


LETTS, Judge.

The lender appeals the failure of the trial judge to award attorney's fees and costs which were provided for in a demand promissory note on which the borrower had defaulted. The trial judge also refused to award interest on the note while in default. We reverse.

The lower court chose not to make these awards because of a contemporaneous memorandum accompanying the note which provided that the loan would be repayable at the rate of three hundred...

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