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AUGLINK COMMUNICATIONS, INC. v. CANEVARI

No. 5D05-1009.

932 So.2d 338 (2006)

AUGLINK COMMUNICATIONS, INC., Appellant, v. Frederick J. CANEVARI, as Trustee, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 24, 2006.

Attorney(s) appearing for the Case

T. Geoffrey Heekin and Dana R. Blunt of Heekin, Malin & Wenzel, P.A., Jacksonville, for Appellant.

Robert L. McLeod, II, of The McLeod Firm, St. Augustine, for Appellee.

LAWSON, J.

Auglink Communications, Inc., ("Auglink"), appeals a final order awarding attorneys' fees to Frederick J. Canevari, Trustee, ("Canevari").

The material facts are not in dispute. On January 25, 1999, Auglink executed and delivered a promissory note, and a second mortgage securing payment on the note, to Canevari in exchange for certain real property. The note required monthly payments and contained the following attorney fee provision:

Each...

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