COASTAL COMMUNITY BANK v. JONES

No. 1D08-3649.

23 So.3d 757 (2009)

COASTAL COMMUNITY BANK, Appellant, v. James D. JONES, Sutej Gill, and Deborah Gill, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 22, 2009.


Attorney(s) appearing for the Case

Frank Alfred Baker, Marianna, for Appellant.

Appellees James D. Jones, Sutej Gill, and Deborah Gill, pro se.


KAHN, J.

Appellant Coastal Community Bank, the foreclosing mortgagee below, seeks review of a trial court ruling declining to enforce a contractual provision entitling appellant to attorney's fees totaling ten percent of the principal sum due on a promissory note secured by the mortgage. For the reasons set out below, we affirm.

In the final judgment of foreclosure, entered after a default, the trial court rejected appellant's claim for a ten percent attorney...

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