CACCIATORE v. FISHERMAN'S WHARF REALTY LTD. PARTNERSHIP EX REL. EMALFARB INV. CORP.

No. 4D00-139.

778 So.2d 1076 (2001)

Philip F. CACCIATORE, Jr., Appellant, v. FISHERMAN'S WHARF REALTY LIMITED PARTNERSHIP, by and through EMALFARB INVESTMENT CORP., its general partner, Appellee.

District Court of Appeal of Florida, Fourth District.

March 7, 2001.


Attorney(s) appearing for the Case

Thomas J. Ali of Kramer, Ali, Fleck, Carothers, Hughes & Gelb, Jupiter, for appellant.

Elaine Johnson James of Nason, Yeager, Gerson, White & Lioce, P.A., West Palm Beach, for appellee.


KLEIN, J.

Appellant was held liable on his personal guaranty of a lease and appeals, but we find the issues he raises to be without merit. We address the issue raised by appellee's motion for attorney's fees on appeal, which is whether the guarantor can be liable for attorney's fees where there is no express provision for attorney's fees in the guaranty.

Appellant, who is contesting the payment of attorney's fees, relies on Kim v. Peoples Federal Savings...

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