INDIANAPOLIS MORRIS PLAN CORP. v. PORTELA

No. 78-207.

364 So.2d 840 (1978)

INDIANAPOLIS MORRIS PLAN CORPORATION, a Corporation, Appellant, v. Raul PORTELA and Vivian Portela, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

November 28, 1978.


Attorney(s) appearing for the Case

Sobo & Wellens, Fort Lauderdale, and Joseph M. Balocco, Hollywood, for appellant.

Gus Efthimiou, Jr., Miami, for appellees.

Before PEARSON, BARKDULL and KEHOE, JJ.


PER CURIAM.

Appellant-lender seeks review of a final judgment in equity, refusing foreclosure of a mortgage but entering a money judgment for the amount of the loan less civil usury penalties. The appellees cross-assign error as to the entry of the judgment for the balance due. We affirm.

The appellant came into a court of equity. The record supports a finding of usury and, therefore, he was without clean hands and the trial court did not abuse its discretion...

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