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NORTHSIDE BANK OF MIAMI v. LA MELLE

No. 79-1565.

380 So.2d 1322 (1980)

NORTHSIDE BANK OF MIAMI, a Florida Banking Corporation, Appellant, v. Jules LA MELLE and Adeline La Melle, His Wife, Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

March 18, 1980.

Attorney(s) appearing for the Case

Layne & Brill and Richard Bernstein, Miami, for appellant.

Simon, Schindler & Tripp and Judith A. Bass, for appellees.

Before BARKDULL, NESBITT and BASKIN, JJ.

PER CURIAM.

The plaintiff-mortgagee appeals a summary final judgment denying foreclosure of its mortgage. In the complaint, the plaintiff elected to accelerate the principal sum due because defendants were allegedly delinquent in making their monthly installment and had allowed the insurance on the property to lapse. The defendant-mortgagors filed an answer containing a general denial and an affirmative defense of estoppel and unconscionability alleging that the bank...

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