Legal Opinion

Gonzalez v. Onewest Bank, FSB

District Court of Appeal of Florida

Decided November 23, 2016No. 4D15-2271PublishedCited by 4 opinions

1Per curiam

We affirm the final judgment in all respects except one. We remand to the circuit court for a new trial on the interest rate to which the appellee bank is entitled. See Salauddin v. Bank of Am., N.A., 150 So.3d 1189 (Fla. 4th DCA 2014). Because the note required recalculation of interest on change dates, calculation of the interest amount was not a simple ministerial function. There was no testimony about the relevant LIBOR Index on any change date; the only competent evidence as to the interest charged after the first change date is that it was somewhere between 2.75% and 11.875%.

Affirmed in…

2Cases cited1 opinion

  1. Mohammad Salauddin v. Bank of America, N.A.District Court of Appeal of Florida · 2014

3Cited by4 opinions

  1. Guy Bennett Rubin v. ARCPE Bahamas, LLCDistrict Court of Appeal of Florida · 2025
  2. Jose Antonio Barrios v. ARCPE Bahamas, LLC, Successor in Interest to CapitalSource International, LLC F/K/A CapitalSource International, Inc.District Court of Appeal of Florida · 2025
  3. Kent Walter Miller and Judith A. Miller v. ARCPE Bahamas, LLC, Successor in Interest to CapitalSource International, LLC F/K/A CaptialSource International, Inc.District Court of Appeal of Florida · 2025
  4. Lisa A. Schlechter and Gary James Schlechter v. ARCPE Bahamas, LLC, Successor in Interest to CapitalSource International, LLC F/K/A CapitalSource International, Inc.District Court of Appeal of Florida · 2025

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