Florida/Georgia Personal Injury & Workers Compensation

...in such event double the amount of such usurious interest may be recovered after payment, by action against the party originally exacting the same, in any court of competent jurisdiction in this state, together with an attorney's fee, as provided in § 687.06....

...3014, 73 L.Ed.2d 664 (1982); Licata, 436 So.2d at 1332. The rate of interest charged was not usurious under federal law. Therefore, the trial court should have awarded the bank the entire amount of interest due, together with the full amount of reasonable attorneys' fees. See § 687.06, Fla....

...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 held that Section 687.06, Florida Statutes (1977), authorized the assessment of an attorney's fee of 10% of the principal in every case where no more than 10% was requested by the successful plaintiff. Section 687.06 is as follows: 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...

...The note provided that the maker agreed to pay "all costs and expenses including, but not limited to attorney's fees". The plaintiff moved for a summary judgment upon the amount of the fee and the court without proof of reasonableness entered judgment for 10% of the principal. We hold that Section 687.06, Florida Statutes (1977), does not authorize judgment for 10% of the principal unless that amount is specified in the note....

...ompetent evidence to support the award. Similarly, we affirm the issue on cross appeal because the parties stipulated that the trial court could determine the issues of entitlement and amount. However, we reverse the trial judge's determination that section 687.06, Florida Statutes (1983), is unconstitutional....

...es incurred, and concluded "that equity cannot tolerate a result of a requirement that a Defendant in a mortgage foreclosure be required to pay more for attorney's fees than the mortgagee actually paid their attorney." 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. Coastal argues that the trial court lacked discretion to reject the contractual provision. We begin with an examination of the statute here at issue. Pursuant to section 687.06, "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, o...

...First Nat'l Bank of Marianna, 97 Fla. 284, 120 So. 554 (1929). Such a provision is not designed to allow the "mortgagee [to] recover from the mortgagor for solicitor's fees a sum in excess of the amount which the former has paid ... to his solicitor." Id. Accordingly, although section 687.06 limits a trial court's discretion to review the reasonableness of certain attorney's fees sought by the mortgagee, it does not prevent the court from inquiring after evidence that the fees allowed by the contract do not exceed those ac...

...le attorney’s fee in accordance with the guidelines set out in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). The mortgage required appellants to pay a reasonable fee. There being no percentage recited in the instrument, section 687.06, Florida Statutes (1985) does not apply. 1 See Sepler v. Emanuel, 388 So.2d 28 (Fla. 3d DCA 1980); Dean v. Coyne, 455 So.2d 576 (Fla. 4th DCA 1984). We affirm the cross appeal. GLICKSTEIN and GUNTHER, JJ., concur. LETTS, J., dissents with opinion. . 687.06 Attorney’s fee in enforcing nonusurious contracts; proviso; insurance premiums; attorney’s fee provided in note....

...USON, Judge. 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 a conclusive presumption that the award is reasonable so long as the amount of the fee does not exceed ten percent of the principal amount of the instrument. We are not persuaded that the statute, so construed, is unconstitutional. Affirmed. . Section 687.06, Florida Statutes (1983) provides in pertinent part: [I]t 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...

...Kaskel also asserts that the fee provision in the Note is void as against public policy because it allows for a flat percentage to be paid without taking into account other considerations, such as “ethical criteria.” First Union argues that the provision at issue is controlled by Florida Statute § 687.06 and, as such, there is no need for the Court to inquire into the matter. The Court finds that § 687.06 controls this action. Section 687.06, provides, in pertinent part, 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 ten percent of the principal sum named in said note, or other instrument in writing.” Fla.Stat. § 687.06....

...of the date of this Order. DONE AND ORDERED. . The Court notes that the cases cited by Kaskel in support of his position are inapposite. Those cases dealt solely with excessive fees in contracts for attorney services and, as such, do not fall within § 687.06....

the terms of the note and the mortgage. Under section 687.06, Florida Statutes (1993),2 where the parties

PER CURIAM. Affirmed upon authority of § 687.06, Fla.Stat.