Riesterer v. Cadle Co. II

LaROSE, Judge.

Paul D. Riesterer and Glenna S. Ries-terer appeal the trial court’s order denying their motion for prevailing party attorney’s fees. We have jurisdiction. See Fla. R.App. P. 9.030(b)(1)(A). We reverse.

In 1997, Mr. Riesterer and Charles Fra-nek, Jr., formed Tee Sign Design, Inc. (Tee Sign). The corporation borrowed $60,000 from Florida Bank of Commerce (BOC). The loan was evidenced by a note secured by Tee Sign’s assets. The Ries-terers and Mr. Franek guaranteed the loan. Tee Sign defaulted and went bankrupt. In June 2003, Southern Exchange Bank (Bank), BOC’s successor in…