RICHARD A. BRADY, APPELLANT,
v.
FRANKLIN VICTOR EDGAR AND DAPHNE W. EDGAR, HIS WIFE, APPELLEES
Explore caselaw by topic → Browse Impairment Of Security cases and more on FLexlaw
COWART, Judge.
This appeal challenges the trial court’s denial of acceleration by the mortgagees in a foreclosure.
On the facts of the case we find no abuse in the exercise of the trial court’s discretion to deny acceleration and foreclosure where the security was not impaired, notwithstanding that the trial court found the mortgagors in default for failure to maintain hazard insurance and to timely pay real estate taxes. However, we reverse that provision of the final judgment denying attorney’s fees and remand for the trial court to determine and award the mortgagee a reasonable attorney’s fee for services in the trial court and in the appellate court.1
AFFIRMED in part; REVERSED in part.
DAUKSCH, C. J., and COBB, J, concur. . Section 59.46(1), Florida Statutes (1979), provides that a contract entered into after October 1, 1977, which provides for payment of attorney’s fees to a prevailing party shall be construed to include the payment of attorney’s fees to the prevailing party on appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Winn Dixie Stores, Inc., 448 So. 2d 62 (Fla. 3d DCA 1984)…tion which would be unconscionable, inequitable or unjust under the circumstances. Rader v. Prather, [100 Fla. 591], 130 So. 15 (Fla.1930), and Amerifirst Federal Savings and Loan v. Century 21, 416 So. 2d 45 (Fla. 3rd D.C.A. 1982); Brady v. Edgar, 415 So. 2d 141 (Fla. 5th D.C.A.1982). It-has long been the law in this State that contractual provisions for forfeiture are not favored and will be strictly construed against the party seeking to invoke them and will [be] enforced unless the Court finds substantia…
-
Parise v. Citizens Nat'l Bank & Arthur H. Garrecht, 438 So. 2d 1020 (Fla. 5th DCA 1983)…la. 135, 138 So. 490 (1931). Further, a mortgagor is entitled to argue that his default did not impair the mortgagee’s security. Here, the record establishes that the property was, in fact, insured at the time the suit was filed. See Brady v. Edgar, 415 So. 2d 141 (Fla. 5th DCA 1982). Because Parise is in a position similar to a mortgagor, we think he is entitled to similar protections against foreclosure. The summary judgment is reversed and this case is remanded. REVERSED and REMANDED. ORFINGER, C.J., an…
-
MAW v. Abinales, 463 So. 2d 1245 (Fla. 2d DCA 1985)…§ 57.041, Fla.Stat. (1983). Here, however, we have a contract provision and the award of costs is governed thereby. Consequently, we hold that the trial court erred in awarding costs to appellees as “the prevailing parties.” See also Brady v. Edgar, 415 So. 2d 141 (Fla. 5th DCA 1982). Upon remand, the trial court, in determining a reasonable award of attorney's fees to appellant, may consider the facts did not warrant foreclosure, that she instituted the action without feeling the security interest was in th…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence