PETERS v. OJEDA

No. 3D04-2610.

902 So.2d 219 (2005)

David PETERS and Pura M. Peters, Appellants, v. Rogelio OJEDA and Luisa Ojeda, et al., Appellees.

District Court of Appeal of Florida, Third District.

May 11, 2005.


Attorney(s) appearing for the Case

Brenner & Dienstag and Neil C. Cox and Mark Dienstag, Miami, for appellants.

Howard R. Behar, Coral Gables, for appellees.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

Defendants, David Peters and Pura Peters, appeal from a final judgment of foreclosure granting the plaintiffs' motion for summary judgment and dismissing their counterclaims on the basis that there existed no disputed issues of material fact. We reverse.

On March 26, 2003, David and Pura Peters borrowed $325,000 from the plaintiffs, Rogelio and Luisa Ojeda, and Maria Martinez. On that same day, the Borrowers executed a promissory note ("note")...

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