Cunningham v. Koon

Appellant was sued for legal malpractice. Only one point raised by appellant has merit. Central to the plaintiffs theory was that appellant drafted a note which violated the criminal usury statute, section 687.071, Florida Statutes (1999). Whether the transaction was criminally usurious was a question of fact to be decided by the jury. The charge to the jury on criminal usury was deficient, in that it allowed a finding of criminal usury if the plaintiff/clients “intended to get more than twenty-five percent per year in interest” on the loan in question. Section 687.071(2) makes it a second…