Rockwood v. DeRosa, 279 So. 2d 54 (Fla. 4th DCA 1973). · Go Syfert
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Rockwood v. DeRosa, 279 So. 2d 54 (Fla. 4th DCA 1973). Cases Citing This Book View Copy Cite
6 citation events across 1 distinct court.
Strongest negative: Savarese v. Schoner (fladistctapp, 1985-03-08)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "but see" Savarese v. Schoner
Fla. Dist. Ct. App. · 1985 · signal: but see · confidence high
But see Rockwood v. DeRosa, 279 So.2d 54 (Fla. 4th DCA 1973).
Retrieving the full opinion text from the archive…
Robert N. ROCKWOOD and Elizabeth A. Rockwood, His Wife, Appellants,
v.
Frank DeROSA and Doris DeRosa, His Wife, et al., Appellees.
72-94.
District Court of Appeal of Florida, Fourth District.
Jun 8, 1973.
279 So. 2d 54
Per Curiam.
Cited by 4 opinions  |  Published

William F. Hunter, Jr., Hollywood, for appellants.

No appearance for appellees.

PER CURIAM.

Appellant sued to accelerate and foreclose a mortgage from appellees to him. Although the mortgagors were technically in default under the circumstances of this case, Schechtman v. Grobbel, Fla.App. 1969, 226 So.2d 1, foreclosure and acceleration were properly denied.

The mortgage here provided that the mortgagors would be liable for costs, including attorney fees due to their failure to comply with the mortgage terms. Appellants' actions were precipitated by appellees' default; therefore, appellants were entitled to reasonable attorney fees. Schechtman v. Grobbel, supra.

We reverse and remand with instructions to award appellant reasonable attorney fees.

Reversed and remanded.

WALDEN and OWEN, JJ., and DOWNEY, JAMES C., Associate Judge, concur.