COMUTRIX CORPORATION AND LEO GREENFIELD, APPELLANTS,
v.
JOHN U. VAZQUEZ AND HENRY FRANK, APPELLEES
COMUTRIX CORPORATION AND LEO GREENFIELD, APPELLANTS,
JOHN U. VAZQUEZ AND HENRY FRANK, APPELLEES
258 So. 2d 318
Florida District Court of Appeal, Third District (1972)
Positive Treatment
Cited by 1 case
Opinion of the Court
Defendants appeal from summary and final judgments. We must reverse.
The original answers, although inartful, pled the defense of usury. The affidavits filed by defendants in opposition to plaintiff’s motion for summary judgment set forth factual allegations supporting the defense of usury. We find the defense of usury, on these actions on promissory notes, raised a genuine issue of material fact sufficient to preclude a summary judgment. We, therefore, reverse the summary and final judgments and remand for further action consistent herewith.
It is so ordered.
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Vazquez v. Comutrix Corp. & Leo Greenfield, 262 So. 2d 448 (Fla. 1972)…Certiorari denied. 258 So. 2d 318. ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.…