Edwards v. Wills

The appellant, William P. Edwards, challenges the trial court’s order which granted the appellee’s, Tom Ward, amended motion for attorney’s fees. We reverse.

On June 5, 1992, the appellees Virgil Wills and Irmgard A. Wills, his wife, executed a mortgage and a mortgage note to the appellant for the purchase of real property. The mortgage and the mortgage note each contained a provision for the payment of attorney’s fees as a part of costs in the event counsel should be employed to collect or enforce the mortgage or note or to protect the security of the mortgage.

On April 28, 1993, July 30,1993,…