Swiss Avenue Bank v. Slivka

SCALES, Justice.

Swiss Avenue Bank appeals from a judgment awarding Gene R. Slivka recovery of attorney’s fees that Slivka paid under pro*395test to the Bank pursuant to the provisions of two notes and deeds of trust. The Bank contends that it is entitled to collect from Slivka the attorney’s fees incurred by the Bank in a prior action. We agree. Accordingly, we reverse the judgment of the trial court.

In 1978, Slivka executed and delivered to the Bank promissory notes and deeds of trust in connection with Slivka’s purchase of two tracts of land. Slivka subsequently defaulted in payment under the…