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BAILEY v. HARRINGTON

No. 83-2383.

462 So.2d 861 (1985)

Frank A. BAILEY, As a General Partner in N-Site Associates, a Florida General Partnership; Cuyahoga Equipment Corp.; Marvin Silverman, Samuel Berke, Jerome S. Morris, Harvey Kaiser, Herbert W. Brash, Clifford Bragman, Donald A. Ritholz, and William Dacy, As General Partners of 800 Ventura Associates, an Illinois General Partnership, Appellants, Cross Appellees, Cross Appellants, v. Leslie J. HARRINGTON, Paul Roepnack, John Dec, Charles B. Maddera, Andrew H. Warner, Carl Mayes, John W. Partridge, and Arthur Korfage, As Trustees of the Broward County Carpenter's Pension Fund, Appellees, Cross Appellants, Cross Appellees.

District Court of Appeal of Florida, Third District.

January 29, 1985.

Attorney(s) appearing for the Case

Cooper, Shahady, Frazier & Pugatch and Marshall Cooper, Fort Lauderdale, Lapidus & Stettin and Richard Lapidus, Miami, for appellants, cross appellees, cross appellants.

Cristol, Mishan & Sloto and Steven Mishan and Julie Feigeles, Miami, for appellees, cross appellants, cross appellees.

Before BARKDULL, HUBBART and BASKIN, JJ.

PER CURIAM.

The amended final judgment under review is reversed on the cross appeal only, and the cause is remanded to the trial court with directions to grant a mortgage foreclosure in the amount of the principal and interest due under the note, as prayed for in the complaint filed below by the plaintiff/cross appellant Leslie J. Harrington. We conclude that the trial court erred in striking the profit participation provision of the loan agreement herein, in refusing...

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