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PADGETT v. FIRST FED. SAV. & LOAN ASS'N OF LAKE WORTH

No. 73-206.

297 So.2d 101 (1974)

Kenneth E. PADGETT et al., Appellants, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LAKE WORTH, a United States Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 24, 1974.

Attorney(s) appearing for the Case

Michael O'Haire of Smith, Heath, Smith & O'Haire, Vero Beach, for appellants.

Richard L. Johnson of McGee, McGee & Ewing, Lake Worth, and Sam D. Phillips, Jr., of Phillips & Babbit, West Palm Beach, for appellee.

DOWNEY, Judge.

This appeal involves the propriety of the dismissal of appellants' two count second amended complaint seeking (a) recovery of principal and interest payments made on a mortgage loan because of alleged usury, and (b) damages for fraud and misrepresentation relative to the same mortgage loan.

Count I alleged that in December 1968, appellants delivered to appellee their promissory note in the amount of $515,000, with interest at 7 1/2%. Said note...

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