Perry v. Key West State Bank

NATHAN, Judge.

Appellants, defendants in the trial court, seek review by interlocutory appeal of an amended order denying their motion to dismiss plaintiff’s complaint or strike a portion thereof in a suit brought by plaintiff, Key West State Bank, to foreclose a mortgage on real property.

The sole point on appeal is whether the mortgage sought to be foreclosed was created for a term of more than five years, as *249contemplated by the Florida Balloon Mortgage Statute.1

The complaint states that plaintiffs executed and delivered to plaintiff the mortgage and note on or about August 20,1973. The note,…