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OVERLOCK v. MARSHALL

No. 77-847.

363 So.2d 131 (1978)

John E. OVERLOCK and Lucille A. Overlock, Appellants, v. Edward L. MARSHALL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 16, 1978.

Attorney(s) appearing for the Case

Sheldon C. Kurland of Kurland & Ross, Fort Lauderdale, for appellants.

James G. Kincaid, Ford Lauderdale, for appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and BASKIN, NATALIE, Associate Judge, concur.

ANSTEAD, J., dissents, with opinion.

ANSTEAD, Judge, dissenting:

This is another case which involves a rather harsh application of the forfeiture provisions of the balloon mortgage statute, Section 697.05, Florida Statutes (1975). This statute mandates the forfeiture of interest, costs and attorneys fees and an extension of the terms of the mortgage, when...

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