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PLANTATION VILLAGE LTD. PARTNERSHIP v. AYCOCK

No. 92-02866.

617 So.2d 729 (1993)

PLANTATION VILLAGE LIMITED PARTNERSHIP OF SANIBEL, a Florida limited partnership, Jerry J. Marek, General Partner and Individually, Harry A. Marek, General Partner and Individually, Plantation Village Associates of Sanibel, Inc., a Florida corporation, Audrey A. Marek and Dianne E. Marek, Appellants, v. William C. AYCOCK, Susan H. Aycock, Robert O. Blankenship and Audelia G. Blankenship, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 5, 1993.

Attorney(s) appearing for the Case

Robert P. Henderson of Simpson, Henderson, Savage & Carta, Fort Myers, for appellants.

John Jay Watkins of Watkins & Ramunni, P.A., LaBelle, for appellees.

RYDER, Acting Chief Judge.

Appellants challenge the trial court's summary final judgment of foreclosure. We agree that appellants' affirmative defense of usury creates a factual dispute that may not be resolved by summary judgment. Accordingly, we reverse.

Appellants are the owners and developers of a partially completed oceanfront condominium project located on Sanibel Island, Florida. This lawsuit concerns the...

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