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SMITH v. BARNETT BANK OF MURRAY HILL

No. FF-273.

350 So.2d 358 (1977)

Jack D. SMITH a/K/a Jack Dempsey Smith and Mary N. Smith a/K/a Mary Nell Smith, His Wife, Appellants, v. BARNETT BANK OF MURRAY HILL, a State Banking Corporation, Appellee.

District Court of Appeal of Florida, First District.

September 26, 1977.

Attorney(s) appearing for the Case

William A. MacGuire, Stephen H. Davis and Robert W. Elrod, Jacksonville, for appellants.

George L. Hudspeth and Alan Chipperfield of Mahoney, Hadlow & Adams, Jacksonville, for appellee.

SMITH, Judge.

This is an interlocutory appeal in a mortgage foreclosure proceeding, formerly cognizable in equity. Fla.App.R. 4.2a. Defendants complain principally of the trial court's order which set counterclaim issues of usury for trial with the foreclosure issues without a jury and which dismissed Count II of defendants' second amended counterclaim and their second amended affirmative defense alleging fraud. The trial court properly dismissed the fraud defense...

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