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Illescas v. Baris

District Court of Appeal of Florida, Fourth District.
Feb 1, 2017
211 So. 3d 270 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D15–4781

02-01-2017

Jamie ILLESCAS and Martha Illescas, Appellants, v. Brent Edward BARIS, Esquire and Brent E. Baris, P.A., Appellees.

David J. Chestnut of David J. Chestnut, P.A., Stuart, for appellants. Scott A. Cole and Alexandra Valdes of Cole, Scott & Kissane, P.A., Miami, for appellees.


David J. Chestnut of David J. Chestnut, P.A., Stuart, for appellants.

Scott A. Cole and Alexandra Valdes of Cole, Scott & Kissane, P.A., Miami, for appellees.

Per Curiam.

We affirm the summary judgment entered. Appellant contends that the issue of whether the note in question in this case was usurious was not conclusively refuted in the record. The note on its face is not usurious, and appellant's affidavit which merely states that the note was usurious without any calculations is insufficient to raise an issue of material fact. Eastland Inv. Co. v. Baker , 344 So.2d 882 (Fla. 3d DCA 1977).

Affirmed.

Warner and Gross, JJ., and Singhal, Raag, Associate Judge, concur.


Summaries of

Illescas v. Baris

District Court of Appeal of Florida, Fourth District.
Feb 1, 2017
211 So. 3d 270 (Fla. Dist. Ct. App. 2017)
Case details for

Illescas v. Baris

Case Details

Full title:Jamie ILLESCAS and Martha Illescas, Appellants, v. Brent Edward BARIS…

Court:District Court of Appeal of Florida, Fourth District.

Date published: Feb 1, 2017

Citations

211 So. 3d 270 (Fla. Dist. Ct. App. 2017)