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Riano v. Burchfield

District Court of Appeal of Florida, Third District
Sep 22, 1987
512 So. 2d 1121 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-330.

September 22, 1987.

Appeal from the Circuit Court, Dade County, Robert H. Newman, J.

Toland Levine and Robert J. Levine, Miami, for appellants.

Mortimer Fried, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.


We agree with the holding of the trial court, following Fogg v. Southeast Bank, N.A., 473 So.2d 1352 (Fla. 4th DCA 1985), that the 1986 amendment to section 697.05(3), Florida Statutes (1985), which eliminated the interest forfeiture provision of the Balloon Mortgage Law, applies to a mortgage entered into before its effective date. See Tralins v. Pearl, 497 So.2d 918 (Fla. 3d DCA 1986) (per curiam).

The other issue raised by the appellee was not presented below and will therefore not be considered. 3 Fla.Jur.2d Appellate Review § 92 (1987).

Affirmed.


Summaries of

Riano v. Burchfield

District Court of Appeal of Florida, Third District
Sep 22, 1987
512 So. 2d 1121 (Fla. Dist. Ct. App. 1987)
Case details for

Riano v. Burchfield

Case Details

Full title:JOSE GUILLERMO RIANO AND CLARA INEZ RIANO, HIS WIFE, APPELLANTS, v. JOHN…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 22, 1987

Citations

512 So. 2d 1121 (Fla. Dist. Ct. App. 1987)

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