Franklin v. Wallack

I respectfully dissent. The subjective determination of whether or not Dennis or Voncile actually executed the $20,000 note *1373and mortgage under duress was never made in this case by the trial judge. He ruled that duress, as a matter of law, could not be established in Florida because Von-cile was guilty of embezzlement. Even though Wallack extracted the note and mortgage from the Franklins by promising not to prosecute, Voncile was prosecuted, convicted, served time in prison and is under a restitution order to reimburse Wal-lack in full for his losses (which at this point have not been fully…