Sunrise Savings & Loan Ass'n v. Mariner's Cay Development Corp.

Ness, Acting Associate Justice:

In this mortgage foreclosure, appellant (Knight) was found liable as guarantor of a note held by respondent (Sunrise). We affirm the entry of judgment against Knight, but reverse and remand the award of attorney’s fees.

Sunrise’s complaint contained five causes of action seeking foreclosure of several mortgages given by Mariner’s Cay Development Corporation (Mariner’s Cay). In the first cause of action Sunrise alleged that on June 3, 1983, it received from Mariner’s Cay a $2.8 million note secured by a mortgage and security interest on certain real and personal…