Jobert-Kendall, Inc. v. Kendall Commercial Associates
District Court of Appeal of Florida
1Per curiam
We reverse the awards of attorney s fees, costs, and interest to the appellee-mortgagee on the holdings that (a) the well-supported determination below “that some conduct of the [mortgagee] in a measure contributed to the defendants’ failure to pay within the grace period,” which the trial court properly found precluded acceleration and foreclosure, likewise barred the recovery of attorney’s fees and costs, Federal Home Loan Mortgage Corp. v. Taylor, 318 So.2d 203 (Fla. 1st DCA 1975); cf. Rice v. Campisi, 446 So.2d 1120 (Fla. 3d DCA 1984), pet. for review denied, 456 So.2d 1182 (Fla.1984)…
2Cases cited4 opinions
- Federal Home Loan Mortgage Corp. v. TaylorDistrict Court of Appeal of Florida · 1975
- Morton v. AnsinDistrict Court of Appeal of Florida · 1961
- Dade County v. American Re-Ins. Co.District Court of Appeal of Florida · 1985
- Rice v. CampisiDistrict Court of Appeal of Florida · 1984
3Cited by2 opinions
- Konigsburg v. GrandDistrict Court of Appeal of Florida · 1988
- RJ & RK, Inc. v. SpenceDistrict Court of Appeal of Florida · 2003