Siemer v. Geringer

District Court of Appeal of Florida

Siemer v. Geringer

617 So. 2d 1155, 1993 Fla. App. LEXIS 5627, 1993 WL 164858

CourtDistrict Court of Appeal of Florida

DecidedMay 19, 1993

DocketNo. 92-1933

StatusPublished

This text of 617 So. 2d 1155 (Siemer v. Geringer) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Siemer v. Geringer, 617 So. 2d 1155, 1993 Fla. App. LEXIS 5627, 1993 WL 164858 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

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 “be[1156]*1156cause 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 DCA1973); Schechtman v. Grobbel, 226 So.2d 1 (Fla. 2d DCA1969).

Reversed and remanded for further proceedings.

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

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PER CURIAM.

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 “be[1156]*1156cause 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 DCA1973); Schechtman v. Grobbel, 226 So.2d 1 (Fla. 2d DCA1969).

Reversed and remanded for further proceedings.

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

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617 So. 2d 1155, 1993 Fla. App. LEXIS 5627, 1993 WL 164858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siemer-v-geringer-fladistctapp-1993.

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