Dixie State Bank v. Bracken

ORME, Court of Appeals Judge:

Appellant Dixie State Bank seeks review of the trial court’s award of judgment in the bank’s favor. The bank contends reversible error was committed in awarding to it a considerably lower amount for recoverable attorney fees than was actually incurred. We agree and reverse.1

*986FACTS

The bank loaned Kirk and Linford Bracken $7,695 to purchase a 1979 pickup truck. The loan was memorialized in a promissory note for $10,094.40, which included the full amount which would become due, with interest, over the four-year term of the loan. The note unambiguously called for…