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Siemer v. Geringer

District Court of Appeal of Florida, Fourth District
May 19, 1993
617 So. 2d 1155 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-1933.

May 19, 1993.

Appeal from the Circuit Court, Broward County, Linda L. Vitale, J.

Mark H. Goldberg, Mark H. Goldberg, P.A., Plantation, for appellants.

Michael W. Castoro, Hollywood, for appellees.


We reverse the order denying attorney's fees to mortgagees. While the trial court denied the remedy of foreclosure, the defendants had admitted several defaults which were later cured. The attorney's fee provision of the mortgage required the mortgagor to be liable for the mortgagees' attorney's fees reasonably incurred "because of the failure of the mortgagor to promptly and fully comply with the agreements. . . ." Where the mortgagors admit in their pleadings that they failed to comply with the terms of the mortgage, a reasonable fee is owed even where the equitable right of foreclosure is denied. Rockwood v. Derosa, 279 So.2d 54 (Fla. 4th DCA 1973); Schechtman v. Grobbel, 226 So.2d 1 (Fla. 2d DCA 1969).

Reversed and remanded for further proceedings.

GLICKSTEIN, C.J., and WARNER and FARMER, JJ., concur.


Summaries of

Siemer v. Geringer

District Court of Appeal of Florida, Fourth District
May 19, 1993
617 So. 2d 1155 (Fla. Dist. Ct. App. 1993)
Case details for

Siemer v. Geringer

Case Details

Full title:ROBERT SIEMER AND LINDA SIEMER, APPELLANTS, v. KENNETH GERINGER AND ALISSA…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 19, 1993

Citations

617 So. 2d 1155 (Fla. Dist. Ct. App. 1993)