Spielvogel v. Crown Realty Associates

GLICKSTEIN, Judge.

This is an appeal from a final judgment on the pleadings entered by the trial court in an action for declaratory judgment while there was pending in this court appellant’s petition for certiorari directed to a discovery order. By the terms of the final judgment, the mortgage involved in the parties’ dispute was determined not to be a balloon mortgage as defined by Section 697.05, Florida Statutes (1983) because of the following exemption from the statute’s application recited in subsection 697.-05(5)(c):

Any mortgage created for a term of more than five years[.]

In this case…