Florida Statutes
Fla. Stat. § 687.06 (2025)
Attorney’s fee in enforcing nonusurious contracts; proviso; insurance premiums; attorney’s fee provided in note.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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687.06 Attorney’s fee in enforcing nonusurious contracts; proviso; insurance premiums; attorney’s fee provided in note.—This chapter shall not be so construed as to prevent provision for the payment of such attorney’s fees as the court may determine in cases brought before the court to be reasonable and just for legal services rendered in enforcing nonusurious contracts, either at law or in equity. This chapter shall not be construed so as to prohibit mortgagees from contracting for or collecting premiums for insurance actually issued on the property mortgaged, with the usual loss payable or mortgage clause attached thereto; provided further, that it shall not be necessary for the court to adjudge an attorney’s fee, provided in any note or other instrument of writing, to be reasonable and just, when such fee does not exceed 10 percent of the principal sum named in said note, or other instrument in writing.
Notes of Decisions
Cited in 11
cases, 1953–2009 · leading case: Sepler v. Emanuel, 388 So. 2d 28 (Fla. 3d DCA 1980).
Sepler v. Emanuel, 388 So. 2d 28 (Fla. 3d DCA 1980). “The question presented by this appeal is: May the holder of a note which provides for an attorney's fee without specifying a percentage of the principal in event of enforcement be allowed a 10% fee without proof of the reasonableness of the amount of the fee? The trial judge…”
Brann v. Flagship Bank of Pinellas, NA, 450 So. 2d 237 (Fla. 2d DCA 1984). “See § 687.06, Fla. Stat. (1981). The trial court also erred in holding that the guaranty agreement executed by Mrs.”
North Am. Mtg. Investors v. Cape San Blas, 378 So. 2d 287 (Fla. 1979). “its face, or that the said endorsee or transferee shall have had actual notice of the same before the purchase of such paper, but in such event double the amount of such usurious interest may be recovered after payment, by action against the party originally exacting the same,…”
Dean v. Coyne, 455 So. 2d 576 (Fla. 4th DCA 1984). “However, we reverse the trial judge's determination that section 687.06, Florida Statutes (1983), is unconstitutional.”
Donofro v. Dick, 680 So. 2d 1039 (Fla. 1st DCA 1996). “Under section 687.06, Florida Statutes (1993), 2 where the parties have agreed to the amount of an attorney’s fee in a written instrument, such as a promissory note or mortgage, and the fee does not exceed 10 percent of the principal sum of the note or other instrument, the…”
A & E Int'l Enter., Inc. v. Gold Credit Co., 450 So. 2d 1166 (Fla. 3d DCA 1984). “As to an award of attorney’s fees to a prevailing party pursuant to the provisions of an instrument sued upon (wherein it is agreed that “a reasonable attorney’s fee shall be ten (10%) percent of the original principle amount”), Section 687.06, Florida Statutes (1983) 1 creates…”
Coastal Cmty. Bank v. Jones, 23 So. 3d 757 (Fla. 1st DCA 2009). “” On appeal, Coastal argues that section 687.06, Florida Statutes (2008), raises a presumption of reasonableness for an attorney’s fee amounting to ten percent or less of the remaining mortgage principal.”
First Union Nat'l Bank of Florida, N.A. v. Kaskel, 847 F. Supp. 961 (S.D. Fla. 1994). “” Fla.Stat. § 687.06. A fair reading of this statute indicates that the Court is not prevented “from looking into the reasonableness of the contract’s provision for attorney’s fees; it merely says there does not have to be such an inquiry when the provision calls for no more…”
Carey v. Peoples Mortg. Corp., 4 Fla. Supp. 37 (Fla. Cir. Ct., Miami-Dade Cty. 1953). “04, which further provides that such attorney’s fee shall be as provided in section 687.06. Section 687.06 provides as follows— * * * provided further, that it shall not be necessary for the court to adjudge an attorney’s fee, provided in any note or other instrument of writing,…”
Sand Dollar Investments, Inc. v. Anja, Inc., 492 So. 2d 1 (Fla. 4th DCA 1986). “There being no percentage recited in the instrument, section 687.06, Florida Statutes (1985) does not apply.”
Donner v. Franklin Nat'l Bank, 316 So. 2d 307 (Fla. 3d DCA 1975). “Affirmed upon authority of § 687.06, Fla.Stat.”
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