Plantation Village Ltd. Partnership of Sanibel v. Aycock

RYDER, Acting Chief Judge.

Appellants challenge the trial court’s summary final judgment of foreclosure. *730We agree that appellants’ affirmative defense of usury creates a factual dispute that may not be resolved by summary judgment. Accordingly, we reverse.

Appellants are the owners and developers of a partially completed oceanfront condominium project located on Sanibel Island, Florida. This lawsuit concerns the second condominium building.

While the second building was under construction, the balance of the underlying land acquisition mortgage became due and payable. Because it was in default…