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RJ & RK, INC. v. SPENCE

No. 1D02-3806.

855 So.2d 642 (2003)

RJ & RK, INC., a Florida Corporation, Appellant, v. Kimberly Keeton SPENCE, as Personal Representative of the Estate of Ronald G. Keeton, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 3, 2003.

Attorney(s) appearing for the Case

Albert H. Mickler of the Law Offices of Mickler & Mickler, Jacksonville, for Appellant.

Michael G. Tanner of Holland & Knight, L.L.P., Jacksonville, for Appellee.

ERVIN, J.

This is an appeal from a final judgment in a mortgage foreclosure suit in which the lower court awarded $95,000 in attorney's fees to the mortgagee, Kimberly Keeton Spence, personal representative of the estate of Ronald G. Keeton, against RJ & RK, Inc., the mortgagor, pursuant to a contractual provision in the promissory note authorizing fees to the lender in any proceeding to enforce the obligation. We reverse the fee award, because the conduct of...

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