Mortgage Investors v. Citizens Bank & Trust Co.

*511 Levine, J.,

dissenting:

The majority concludes today that even if an attorney’s fee of over $105,000 is unreasonable in this note collection case, the Court will not exercise its power to lower that fee to a reasonable level absent a clear showing of overreaching. Since I believe the Court does possess such power and should exercise it here, I dissent.

The Court tacitly concludes that a contract provision providing for an attorney’s fee should be treated in the same manner as any other provision in a contract; for example, an attorney’s fee provision is void only if there is clear evidence of…