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UNITED COMPANIES LIFE v. WILCOX

Case No. 90-334.

569 So.2d 529 (1990)

UNITED COMPANIES LIFE, Appellant, v. Jim WILCOX, Jr., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

November 15, 1990.

Attorney(s) appearing for the Case

Beth J. Willard of Trismen & Willard, Winter Park, and George M. McClure of McClure & Whiteman, St. Augustine, for appellant.

Hamilton D. Upchurch and Katherine G. Jones of Upchurch, Bailey & Upchurch, St. Augustine, for appellees.

GRIFFIN, Judge.

The judgment is affirmed in all respects except for the trial court's refusal to award attorney's fees to appellant for obtaining the deficiency judgment. The attorney's fees provisions of both the note and the mortgage embrace the deficiency phase of the legal proceedings. Appellant is entitled to an award of reasonable fees.

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP, and PETERSON...

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