District Court of Appeal of Florida March 19, 1993, No. 92-02866 (Plantation Village Ltd. Partnership of Sanibel v. Aycock)

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United States · · · 19-03-1993

RYDER, Acting Chief Judge.

Appellants challenge the trial court’s summary final judgment of foreclosure. *730We 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.

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