SUDBERRY v. LOWKE

No. 81-130.

403 So.2d 1117 (1981)

Gail SUDBERRY and Marie L. Sudberry, Appellants, v. Alan D. LOWKE and Evelyn G. Lowke, His Wife, and Abstract and Title Corporation of Florida, Appellees.

District Court of Appeal of Florida, Fifth District.

September 23, 1981.


Attorney(s) appearing for the Case

Jack A. Kirschenbaum of Wolfe, Kirschenbaum Caruso, Mosley & Kabboord, P.A., Cocoa Beach, for appellants.

William E. Weller of Rose & Weller, Cocoa Beach, for appellees Lowkes.

Charles M. Harris of Crofton, Holland, Starling, Harris & Severs, P.A., Titusville, for appellee Abstract and Title Corp.


ORFINGER, Judge.

Appellants contend that the trial court erred in dismissing their second amended complaint with prejudice. The issue on appeal is whether they stated a cause of action against the defendants, or either of them, because the defendants failed and neglected to advise them that the mortgage they were assuming bore interest at 11% per annum instead of the 9 1/2% rate for which they had contracted when they agreed to purchase the subject real estate.

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