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PASTERNAK v. BROOK

No. 87-2817.

528 So.2d 1354 (1988)

George PASTERNAK, et al., Appellants, v. Lee BROOK, et al., Appellees.

District Court of Appeal of Florida, Third District.

August 9, 1988.

Attorney(s) appearing for the Case

Pallotto, Hayson & Murphy and Russell Hayson, Hollywood, for appellants.

Magill & Lewis and R. Fred Lewis, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART, J., and JOE A. COWART, Jr., Associate Judge.

SCHWARTZ, Chief Judge.

The record in this case, which was tried to the court following the reversal of a summary judgment for the plaintiff in Brook v. Pasternak, 498 So.2d 1048 (Fla. 3d DCA 1986), supports the factual finding that the rate of interest reserved in the note and mortgage sued upon exceeded the twenty-five per cent limit provided by the criminal usury statute. § 687.02, Fla. Stat. (1985). The legal effect...

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