CASTANO v. BELLINA

No. CA-5119.

503 So.2d 195 (1987)

Marco T. CASTANO and Garnet C. Castano v. Sue Ethel Barrentine BELLINA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied March 19, 1987.

Writ Denied May 29, 1987.


Attorney(s) appearing for the Case

Patrick M. Reily, New Orleans, for plaintiff-appellant.

Albert J. Derbes, II, Windhorst, Patorek & Gaudry, Harvey, for defendant-appellee.

REDMANN, C.J., and GULOTTA, LOBRANO, WARD, and WILLIAMS, JJ.


WARD, Judge.

In this action by the makers of a note against the payee for return of a prepayment penalty not provided for in the note, we must decide whether the payee was entitled to the penalty and if so, whether she can collect attorney fees for protecting her right to the penalty. We hold that the payee could not legally demand a prepayment penalty. Consequently, the payee cannot collect attorney fees. We also hold that any agreement by the makers to pay the penalty...

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