Raymond D. Gotlieb v. Charles A. Collat

This is an appeal from a summary judgment entered in favor of the plaintiff, Charles A. Collat, and against the defendants,
Raymond D. Gotlieb, Robert L. Bohorfoush, and G-B Partnership ("appellants"), in an action on a promissory note. The appellants
do not contest that portion of the judgment holding them liable under the terms of the note. Instead, they argue only that
the trial court should not have awarded attorney fees and costs to Collat. Collat says that the issues argued by the appellants
are not properly before this Court because they were not presented to the trial court or preserved in the record. In 1985 the appellants executed to Collat a promissory note for $246,893.68. That note was secured by assets owned by Gotlieb
and Bohorfoush, and it contained an acceleration clause that could be invoked in the event of default. The appellants defaulted
on the note in September 1988. Because there was a dispute concerning the amount of money owed by the appellants, a meeting
was held between Collat's accountant and the appellants' accountant. Although the parties were not in total agreement after
that meeting, they were able to narrow their dispute to a difference of $800.28. However, the appellants remained in default
after that meeting and Collat, pursuant to the note's acceleration clause, filed a complaint demanding the entire amount due
under the terms of the note.