VENUSA DEVELOPMENT CORP. v. S.E. MORTGAGE CO.

No. 74-118.

297 So.2d 86 (1974)

VENUSA DEVELOPMENT CORPORATION, a Florida Corporation, Appellant, v. SOUTHEAST MORTGAGE COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 24, 1974.


Attorney(s) appearing for the Case

Swann & Glass and William N. Lobel, Coral Gables, for appellant.

Mershon, Sawyer, Johnston, Dunwody & Cole and George W. Wright, Jr., Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


PEARSON, Judge.

The appellant, Venusa Development Corporation, appeals an order striking its affirmative defenses in an action brought by the appellee, Southeast Mortgage Company, to foreclose a mortgage on real property.

The defendant, Venusa, in its answer to the complaint, admitted the execution of a loan agreement (containing a typical merger clause) and a mortgage which was made expressly subject to the terms of the loan agreement; the answer also contained...

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