Midstate Sales & Supply Co. v. V.F. Air Systems, Inc.
Midstate Sales & Supply Co. v. V.F. Air Systems, Inc.
Opinion of the Court
The plaintiff appeals a final summary judgment order which was rendered in favor of the defendants on the ground that the service charges which the plaintiff sought to collect from the defendants in 1981 were usurious and, hence, forfeited.
Reviewing the record on appeal, including the deposition of Walter Ware, the plaintiff’s president and sole stockholder, in a light most favorable to the plaintiff, as we must, the defendants and the plaintiff entered into separate agreements in 1978, 1980 and 1981. A genuine issue of material fact exists as to whether the 1981 service charges were assessed under the 1980 or 1981 agreement, in which event they may not have been usurious, cfi Carter v. Leon Loan & Finance Co., 108 Fla. 567,
Accordingly, we REVERSE the final summary judgment order and REMAND for further proceedings not inconsistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.