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CUTRI ENTERPRISES, INC. v. PAN AMERICAN BANK OF MIAMI

No. 1029.

115 So.2d 592 (1959)

CUTRI ENTERPRISES, INC., a Pennsylvania corporation, Angelotti-Florida, Inc., a Florida corporation, Bahama Beach Corporation, P.A. Cutri, Donald R. Cutri, and Norman J. Cutri, Appellants, v. PAN AMERICAN BANK OF MIAMI, a Florida corporation, and J.I. Kislak Mortgage Corporation of Florida, a Florida corporation, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied November 23, 1959.

Attorney(s) appearing for the Case

George Whitehurst, Jr., Hall & Hedrick, Miami, for appellants.

William B. Roman, Miami, for appellee Pan American Bank of Miami.

H.N. Roth, Roth & Roth, and Charles V. Silliman, Orlando, for appellee J.I. Kislak Mortgage Corp. of Florida.

ALLEN, Chief Judge.

The plaintiffs filed a complaint against the defendants to set aside certain mortgages on the ground that the loan for which the mortgages were executed as security was usurious. The defendants filed an answer denying the charge, and one of the defendants, Kislak Mortgage Corporation, filed a counterclaim seeking a foreclosure of the delinquent mortgages. A severance as to the counterclaim was granted and the lower court tried the case upon the...

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