DUNKER v. CALKINS

No. 96-161.

691 So.2d 1090 (1993)

John F. DUNKER and Waterfront Acres, Inc., an Illinois corporation, Appellants, v. Neil E. CALKINS, Appellee.

District Court of Appeal of Florida, Third District.

June 19, 1996.


Attorney(s) appearing for the Case

James T. Hendrick, Key West and Steven M. Goldsmith, Boca Raton, for appellants.

David P. Kirwan, Marathon, for appellee.

Before NESBITT, COPE and GERSTEN, JJ.


PER CURIAM.

John F. Dunker and Waterfront Acres, Inc. appeal a final order dismissing their complaint as a sham. We reverse.

Plaintiffs filed a complaint alleging usury in connection with payments made to defendant/appellee Neil B. Calkins under a promissory note secured by a mortgage. Plaintiffs' counsel moved to withdraw. At a hearing, the trial court granted the motion and allowed the plaintiffs twenty days within which to obtain new counsel. The trial...

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