Davjoy, Inc. v. Travelers Insurance Co.

District Court of Appeal of Florida

Davjoy, Inc. v. Travelers Insurance Co.

527 So. 2d 970, 13 Fla. L. Weekly 1627, 1988 Fla. App. LEXIS 2938, 1988 WL 70659

CourtDistrict Court of Appeal of Florida

DecidedJuly 13, 1988

DocketNo. 87-1115

StatusPublished

This text of 527 So. 2d 970 (Davjoy, Inc. v. Travelers Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davjoy, Inc. v. Travelers Insurance Co., 527 So. 2d 970, 13 Fla. L. Weekly 1627, 1988 Fla. App. LEXIS 2938, 1988 WL 70659 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We reverse the summary final judgment because we do not believe the appellee has carried its burden of demonstrating a lack of any material issues of fact entitling it to judgment without a trial. We are particu[971]*971larly concerned with the appellant’s claim as to unconscionability concerning the alleged bar to prepayment contained in the loan documents, and the lack of evidence concerning this issue in the record in contrast with the allegations of unconscionability by the appellant. Cf. Century Federal Savings & Loan Ass’n v. Madorsky, 353 So.2d 868 (Fla. 1st DCA 1977).

DOWNEY, ANSTEAD and LETTS, JJ., concur.

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PER CURIAM.

We reverse the summary final judgment because we do not believe the appellee has carried its burden of demonstrating a lack of any material issues of fact entitling it to judgment without a trial. We are particu[971]*971larly concerned with the appellant’s claim as to unconscionability concerning the alleged bar to prepayment contained in the loan documents, and the lack of evidence concerning this issue in the record in contrast with the allegations of unconscionability by the appellant. Cf. Century Federal Savings & Loan Ass’n v. Madorsky, 353 So.2d 868 (Fla. 1st DCA 1977).

DOWNEY, ANSTEAD and LETTS, JJ., concur.

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Bluebook (online)

527 So. 2d 970, 13 Fla. L. Weekly 1627, 1988 Fla. App. LEXIS 2938, 1988 WL 70659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davjoy-inc-v-travelers-insurance-co-fladistctapp-1988.