HomeMy WebLinkAbout0960 soso~s
IN THE CIRCUIT COURT OF THE 19th
JUDICIAL DISTRICT IN AND FOR ST.
LUCIE COUNTY, FLORIDA.
Case No.: 82-795 CA 13
DENNIS R. RINALDI,
Plaintiff,
vs.
CHARTER MORTGAGE COPiPANY,
a Florida Corporation,
Defendant.
~
ORDER ON PLAINTIFF'S MQTIONS
This cause came before this Gourt on the Plaintiff's Motions
to Dismiss and Strike the Counterclaims and Affirmative Defenses of
the Defendant, and after hearing argument of counsel and being other-
wise fully ap~rised, it is -
ADJUDGED that:
1. The Counterclaim for usuary is dismissed. The Court finds
that usuary is a personal defense that cannot be raised by anyone other
than the dd~tor, TONY SOTOLONGO, and is not available to CHART~R r10RTGAGE
COt4PANY .
2. The Affirmative Defense of usuary is struck ~or the same
reason as set forth in Faraqraph 1 herein.
3. The Motion to Dismiss the Counterclaim for Fraud and the
other Affirmative Defenses are denied.
4. The P~aintiff shall answer the remaininq Counterclaims and
Affirmative Defenses within Twenty (20) Days of signing this Order.
5. Defendant is given 'I'wenty (20) Days to Amend his Answer For
Affirmative Defenses and Counterclaims if he deems necessar}~.
-1-
~
BO`tl~ 4UO Y~E ~
_ -
-
~ - i
r.