District Court of Appeal of Florida

Denial of motion to vacate a final judgment in foreclosure is affirmed where: 1) proof of the mailing of a notice gives rise to a presumption that the notice was received; 2) defendants are estopped from raising the defense of usury as to a note and mortgage; and 3) defendants failed to show usurious intent on behalf of the lender.

Appellate Information

• Decided 07/05/2006
• Published 07/05/2006

Judges

• SUAREZ, J., Before GERSTEN, SUAREZ, and ROTHENBERG, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Ricardo L. Carmona, for appellants.


• For Appellees:
  
• McCormick & Koretzky and David A. Koretzky;  Jeanne Heyward, Miami, for appellees.