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FIRST MORTG., INC. v. BOULEVARD NAT. BANK OF MIAMI

No. 75-590.

327 So.2d 830 (1976)

FIRST MORTGAGE INVESTORS, a Massachusetts Business Trust, Appellant, v. BOULEVARD NATIONAL BANK OF MIAMI, a National Banking Association, Appellee.

District Court of Appeal of Florida, Third District.

February 24, 1976.

Attorney(s) appearing for the Case

Lapidus & Hollander, Miami, for appellant.

Paul, Landy, Beiley & Yacos and Huber R. Parsons, Jr., Miami, for appellee.

Before HAVERFIELD and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

First Mortgage Investors, a Massachusetts business trust, herein sometimes referred to as FMI, gave to Boulevard National Bank of Miami a promissory note for $300,000.00 payable in ninety days, with no interest provided for. After the note became due and was not paid, the bank filed an action to recover thereon. The defendant maker filed an answer and counterclaim in which several affirmative defenses were set forth, including a defense of usury, averring...

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