Legal Opinion

Rodriguez v. Figueroa

District Court of Appeal of Florida

Decided June 6, 2007No. 3D05-2610Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

Without reaching any of the other, substantial contentions advanced by the appellant-former husband, we reverse the trial court’s order sustaining exceptions to the report of the general magistrate that the instant transaction was not usurious. Such a factual determination, and particularly one involving that aspect of the law of usury which requires a “corrupt intent,” see Jersey Palm-Gross, Inc. v. Paper, 658 So.2d 531, 534 (Fla.1995), cannot be overturned in the absence of a transcript of the testimony below, which the former wife was required to provide but did not.…

2Cases cited2 opinions

  1. Jersey Palm-Gross, Inc. v. PaperSupreme Court of Florida · 1995
  2. Brill v. BrillDistrict Court of Appeal of Florida · 2005

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