Legal Opinion
Pasternak v. Brook
District Court of Appeal of Florida
Decided August 9, 1988No. 87-2817PublishedCited by 2 opinions
1Opinion of the Court
SCHWARTZ, Chief Judge.
The record in this case, which was tried to the court following the reversal of a summary judgment for the plaintiff in Brook v. Pasternak, 498 So.2d 1048 (Fla. 3d DCA 1986), supports the factual finding that the rate of interest reserved in the note and mortgage sued upon exceeded the twenty-five per cent limit provided by the criminal usury statute. § 687.02, Fla. Stat. (1985). The legal effect of that determination, as the trial court also correctly held, and as section 687.071(7), Florida Statutes (1985)1 provides, is to preclude outright the enforceability of the…
2Cases cited4 opinions
- Powell v. Committee on Admissions & Grievances of the United States District Court for the District of ColumbiaSupreme Court of the United States · 1968
- American Acceptance Corporation v. Edward P. Schoenthaler and Agnes A. Schoenthaler, Husband and WifeCourt of Appeals for the Fifth Circuit · 1968
- NORTH AMERICAN ACCEPTANCE CORPORATION v. WarrenCourt of Appeals of Texas · 1970
- Brook v. PasternakDistrict Court of Appeal of Florida · 1986
3Cited by2 opinions
- Elenewski v. ElenewskiDistrict Court of Appeal of Florida · 1988
- Cupeiro v. BaronDistrict Court of Appeal of Florida · 1989