District Court of Appeal of Florida

In a business dispute between a father and a son, an order awarding the father interest on two mortgage loans from the father to his son is reversed in part as to the award on one loan where the father was not entitled to interest at the default rate, as he never called the note due and payable, and thus, the son's assertion of that affirmative defense was not barred by a prior suit.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Robert L. Sader of Sader & LeMaire, P.A., Fort Lauderdale, for appellants.


• For Appellees:
  
• Joseph Heimovics of Graner Root & Heimovics, P.A., Boca Raton, for appellee.