Opinion
Nos. 77-827 and 77-929.
April 18, 1978.
Appeal from the Circuit Court, Dade County, Milton A. Friedman, J.
A. John Goshgarian, Miami, and Michael Paul Shienvold, Coral Gables, for appellants.
Lewis, Vegosen Koeppel and Dean J. Rosenbach, Palm Beach, for appellee.
Before HAVERFIELD, C.J., and PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.
The defendants appeal a summary final judgment for the plaintiff in an action upon guarantees of a truck lease agreement, and the assessment of an attorney's fee for the plaintiff pursuant to a provision in the guarantees. The defendants urge that there were genuine issues of material fact. The record reveals only a question of law upon the guarantees and we find no error upon the trial court's determination of the question of law. The guarantees were clearly for a continuing obligation.
We find error in the amount of the attorney's fee. The contract provided:
"Guarantor agrees to pay attorneys fees of 15% of amount due if claim is placed with attorneys for collection, if allowed by law."
The trial court mistakenly allowed more than 15% of the amount due under the guarantee.
The judgment is modified by the substitution of the amount of $1,384.86 in the place and stead of the amount of $2,250 allowed as attorney's fee for the plaintiff. As modified, the judgment is affirmed.
Modified and affirmed.