HOWARD J. DUBUIS, JR., APPELLANT,
v.
SECURITY FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, ET AL., APPELLEES
Explore caselaw by topic → Browse Foreclosure Suit cases and more on FLexlaw
SHARP, Chief Judge.
This is an appeal from a foreclosure suit filed by Security First Federal Savings and Loan Association, mortgagee, in which the final judgment was entered on the basis of Security’s motion for summary judgment. The affidavit filed in opposition to the summary judgment by the mortgagor, Dubuis, challenges the fact (which we must accept as true) that Security only recalculated the variable interest rate once over the four years of the existence of the loan, in violation of the express terms of the note, which provides for a recalculation of interest every six months, based on the monthly average yield on U.S. treasury securities. Du-buis therefore disputes the amount of interest due, and we think he has created an issue of fact, which should not be resolved by summary judgment.
REVERSED.
COBB and DANIEL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Poole v. State, 777 So. 2d 1186 (Fla. 5th DCA 2001)…evertheless, Poole correctly insists that he is entitled to an accurate 1994 scoresheet and we remand for that purpose although it will not affect his sentence. See Disinger v. State, 526 So. 2d 213, 214 (Fla. 5th DCA 1988); see also Davis v. State, 529 So. 2d 1251, 1252 (Fla. 5th DCA 1988) (the defendant is entitled to have the record set straight even if there is little possibility that the total time spent in jail will be affected). The sentence is affirmed and the matter remanded only for the purpose of c…
-
Lopez-Vasquez v. State, 966 So. 2d 996 (Fla. 5th DCA 2007)…itled to correction of the judgment to reflect Appellant’s correct misdemeanor offense.”); Poole v. State, 777 So. 2d 1186, 1187 (Fla. 5th DCA 2001) (defendant “correctly insists that he is entitled to an accurate 1994 score-sheet”); Davis v. State, 529 So. 2d 1251, 1252 (Fla. 5th DCA 1988) (defendant “entitled to have the record set straight even if there is little possibility that the total time actually spent in jail will be affected”). We further find that appellant’s sentence for count I, which was corr…
-
Dussault v. State, 578 So. 2d 430 (Fla. 5th DCA 1991)…); see also Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991). Dussault is entitled to have the record corrected notwithstanding the imposition of concurrent fifteen-year probationary terms for several second-degree felonies. See Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988). AFFIRMED in part; REVERSED in part; REMAND for correction of sentence. W. SHARP, and DIAMANTIS, JJ., concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence