KELLERMAN v. SIEGEL

No. 75-162.

319 So.2d 581 (1975)

Emily KELLERMAN et al., Appellants, v. Harry SIEGEL and Billie Siegel et al., Appellees.

District Court of Appeal of Florida, Third District.

October 7, 1975.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Gilbert & Silverstein and Maynard J. Hellman, Miami, for appellants.

Louis Vernell, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


PEARSON, Judge.

This is an appeal from a summary final judgment for the defendants in a mortgage foreclosure. The trial judge found "that the plaintiffs willfully and knowingly charged and otherwise exacted interest on the mortgages circumscribed by plaintiff's amended complaint at a rate exceeding a lawful interest rate per annum ..." We reverse upon a holding that there appears a genuine issue of material fact.

As stated in American National Growers Corporation...

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