McTIGUE v. AM. SAV. & LOAN ASS'N OF FLA.

Nos. 75-1623, 76-564, 76-843 and 76-844.

344 So.2d 254 (1977)

R. Emmett McTIGUE, Trustee, and Edgar G. Hamilton, Bond Indenture Trustee, Appellants, v. AMERICAN SAVINGS & LOAN ASSOCIATION OF FLORIDA, a Florida Savings and Loan Association and C.D.I. Corp., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 31, 1977.


Attorney(s) appearing for the Case

Joe Easthope of Ferrero, Middlebrooks & Houston, Fort Lauderdale, for appellant McTigue.

Edgar G. Hamilton of Hamilton, James, Merkle & Young, West Palm Beach, for appellant Edgar G. Hamilton, Bond Indenture Trustee.

Broad & Cassel, Bay Harbor Islands, and Larry A. Klein, West Palm Beach, for appellee American Sav. and Loan Ass'n.


SCHWARTZ, ALAN R., Associate Judge.

The central issue on the main appeal in this case — which is determinative also of the satellite cross-appeal and interlocutory appeals — concerns the question of whether the multi-million dollar mortgage loan given by American Savings & Loan upon a Broward County apartment complex called the Essex House was usurious. We agree with the trial court's determination that it was not.

When the loan, which had...

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