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DAVJOY, INC. v. TRAVELERS INSURANCE CO.

No. 87-1115.

527 So.2d 970 (1988)

DAVJOY, INC., Davjoy II, Inc., Joyce L. Katz, Individually, and Joyce L. Katz, As Trustee, Appellants, v. The TRAVELERS INSURANCE Company, Appellee.

District Court of Appeal of Florida, Fourth District.

July 13, 1988.

Attorney(s) appearing for the Case

Jeffrey M. Weissman and Ronald A. Shapo of Sparber, Shevin, Shapo & Heilbronner, P.A., Miami, for appellants.

Andrew V. Tramont, Jr., and Jeffrey T. Foreman of Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, P.A., Miami, for appellee.

PER CURIAM.

We reverse the summary final judgment because we do not believe the appellee has carried its burden of demonstrating a lack of any material issues of fact entitling it to judgment without a trial. We are particularly concerned with the appellant's claim as to unconscionability concerning the alleged bar to prepayment contained in the loan documents, and the lack of evidence concerning this issue in the record...

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