BROOK v. PASTERNAK

No. 86-1415.

498 So.2d 1048 (1986)

Lee BROOK, Appellant, v. George PASTERNAK, et al., Appellees.

District Court of Appeal of Florida, Third District.

December 16, 1986.


Attorney(s) appearing for the Case

Irving M. Malnick, Miami, for appellant.

Pallotto, Hayson & Murphy, Hollywood, for appellees.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

We reverse the trial court's order granting summary final judgment of foreclosure because, as appellant correctly contends, there exists a material issue of disputed fact. See Fla.R.Civ.P. 1.510(c). If the $6,136, designated "prepaid finance charge" in the lender's mandatory disclosure statement, was indeed prepaid interest as the appellant contends, the interest rate charged would be in excess of eighteen per cent per annum and usurious as defined...

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