Ann M. Cesary, A/K/A Ann M. Johnson, Individually and for All Others Similarly Situated v. The Second National Bank of North Miami

The appellant borrower initiated this class action against the appellee lender, alleging that appellee charged interest rates on loans in excess of the ceiling set by 12 U.S.C. § 86 and Florida Constitution, article III, § 1. The district court denied appellant’s motion for class certification and granted appellee’s motion for summary judgment on the merits. Since the outcome of this appeal turned on an interpretation of Florida law, we certified two questions to the Supreme Court of Florida. Cesary v. Second National Bank of North Miami, 567 F.2d 283 (5th Cir. 1978).

The Supreme Court of…