A & E INTERNATIONAL ENTERPRISES, INC., APPELLANT,
v.
GOLD CREDIT COMPANY, APPELLEE
A & E INTERNATIONAL ENTERPRISES, INC., APPELLANT,
GOLD CREDIT COMPANY, APPELLEE
450 So. 2d 1166
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FERGUSON, 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 10 percent of the principal sum named in said note, or other instrument in writing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Donofro v. Dick, 680 So. 2d 1039 (Fla. 1st DCA 1996)…ed away their opportunity to have judicial inquiry into whether a fee greater or less than the contracted fee would be reasonable. Sepler v. Emanuel, 388 So. 2d 28, 29 (Fla. 3d DCA 1980); A & E International Enterprises, Inc. v. Gold Credit Company, 450 So. 2d 1166 (Fla. 3d DCA), rev. denied, 461 So. 2d 113 (Fla.1984); Dean v. Coyne, 455 So. 2d 576 (Fla. 4th DCA 1984). Accordingly, the declaratory judgment is AFFIRMED, the order on attorney’s fees is REVERSED, and the cause is REMANDED for further proceedings…