HEARTLAND FERTILIZER CO. v. CARPENTER

No. 2D02-622.

827 So.2d 1103 (2002)

HEARTLAND FERTILIZER COMPANY, a Florida corporation, Appellant, v. Ruenn Hwa CARPENTER, Appellee.

District Court of Appeal of Florida, Second District.

October 16, 2002.


Attorney(s) appearing for the Case

John D. Hawkins of Grimes, Goebel, Grimes, Hawkins, Gladfelter & Galvano, P.A., Bradenton, for Appellant.

Susan L. Ojeda and Robert K. Eddy of Robert K. Eddy & Associates, P.A., Tampa, for Appellee.


WHATLEY, Judge.

Heartland Fertilizer Company appeals a final judgment and an award of attorney's fees entered in favor of Ruenn Hwa Carpenter in Heartland's action to enforce a personal guaranty. We affirm the final judgment, as we agree with the trial court that the guaranty was not enforceable against Carpenter, individually. However, we reverse the award of attorney's fees.

We conclude that the award of attorney's fees must be reversed for two reasons....

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