AMERICANA ASSOCIATES v. WHUD REAL ESTATE

No. 97-743.

715 So.2d 955 (1998)

AMERICANA ASSOCIATES, LTD, Appellant, v. WHUD REAL ESTATE LIMITED PARTNERSHIP, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 10, 1998.


Attorney(s) appearing for the Case

Kevin C. Kaplan of Aragon, Burlington, Weil & Crockett, P.A., Miami, and Carl W. Hartley, Jr. of Hartley & Wall, Orlando, for Appellant.

Lynn James Hinson and Nichole M. Mooney of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Orlando, and Gregg W. McClosky of Mattlin & McClosky, Boca Raton, for Appellee.


GOSHORN, Judge.

Appellees filed suit to foreclose Appellant's mortgage. To defeat the foreclosure action, Appellant raised the defense of economic duress, i.e., business compulsion. Specifically, Appellant asserted that Appellees' predecessor in interest, the original mortgagee, had fraudulently misrepresented the terms by which it would loan Appellant $25.5 million and then, after Appellant had altered its economic situation to enter into the mortgage, the mortgagee...

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