NOONAN-JUDSON v. SURRENCY

No. 94-2537.

669 So.2d 1058 (1996)

Jacqueline NOONAN-JUDSON, Appellant/Cross-Appellee, v. M. Delores Page SURRENCY, etc., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 18, 1996.


Attorney(s) appearing for the Case

Stewart B. Capps of Stewart B. Capps, P.A., Indialantic, for Appellant/Cross-Appellee.

Vincent G. Torpy, Jr., Melbourne, for Appellees/Cross-Appellants.


DAUKSCH, Judge.

This is an appeal from a final judgment in which the trial court determined that appellant elected her remedy by foreclosing on a note and mortgage. Appellees/cross-appellants filed a cross-appeal contending that the trial court erred by not finding the transaction usurious. We hold that this agreement was not usurious and the trial court erred in applying the doctrine of election of remedies. Further, we hold that the trial court erred by not enforcing...

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