MAZZARO v. WESTERMAN

No. 89-1940.

565 So.2d 807 (1990)

Giannino MAZZARO, et al., Appellants, v. Suzanne A. WESTERMAN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 28, 1990.


Attorney(s) appearing for the Case

Michael J. Barber, of Barber and Weinberger, Kissimmee, for appellee.

Tom L. Copeland, of S. Craig Wakefield, P.A., Kissimmee, for appellee.


PER CURIAM.

This is an appeal from a judgment in a contract and promissory note case.

We deem the evidence sufficient to support the judgment against appellants based upon an oral agreement for a loan. It is clear from the evidence, however, that the loan was usurious. The court erred in failing to require the statutory forfeiture and assess any statutory penalties which may apply. The judgment is affirmed in all respects except as relates to interest forfeiture...

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