I.R.E. FINANCIAL CORP. v. CASSEL

No. 76-76.

335 So.2d 598 (1976)

I.R.E. FINANCIAL CORPORATION, Appellant, v. Marwin S. CASSEL, As Trustee, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 10, 1976.


Attorney(s) appearing for the Case

Pettigrew & Bailey, Miami, for appellant.

Cassel & Benjamin, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


HAVERFIELD, Judge.

Defendant seeks reversal of an adverse summary final judgment awarding plaintiff twice the amount of interest charged in this usury action.

Plaintiff, Marwin S. Cassel, as trustee, filed this suit for usury and alleged that a certain purchase money mortgage note for $1,300,000 was in fact a loan of $286,000 resulting in a usurious transaction.

At the time I.R.E. Financial Corporation submitted the property in question to Marwin S...

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