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ELLIS NATL. BK, TALLAHASSEE v. DAVIS

No. OO-152.

379 So.2d 1310 (1980)

ELLIS NATIONAL BANK OF TALLAHASSEE, a National Banking Corporation, Appellant, v. Perry L. DAVIS and Burma L. Davis, His Wife, Appellees.

District Court of Appeal of Florida, First District.

February 13, 1980.

Attorney(s) appearing for the Case

Julius F. Parker, Jr. of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellant.

Thomas C. Dearing of Franson, Brant, Dearing & Moore, Jacksonville, for appellees.

MILLS, Chief Judge.

In 1973 Ellis National Bank of Tallahassee brought suit on a promissory note against Perry L. and Burma L. Davis. The Davises asserted an affirmative defense of usury and prevailed in the trial court. This Court affirmed the finding as to the existence of usury, but increased the penalty in Ellis National Bank of Tallahassee v. Davis, 359 So.2d 466 (Fla. 1st DCA 1978). After certiorari was denied by the...

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