Florida District Courts of Appeal, 1987

Cotter v. Security Acceptance Corp.

Florida District Courts of Appeal · Decided October 21, 1987 · Downey, Hubert, Letts, Lindsey

514 So. 2d 404; 12 Fla. L. Weekly 2460; 1987 Fla. App. LEXIS 10629 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

LETTS, J., and LINDSEY, HUBERT R., Associate Judge, concur. DOWNEY, J., dissents with opinion.

Dissenting Opinion

DOWNEY, Judge,

dissenting.

It appears to me that the trial court erred in concluding the transaction involved herein was not usurious. Appellee’s argument in support of the propriety of including the documentary stamps as part of the sum financed and its argument that Chapter 687 is not applicable to appellee because of its licensure under Chapter 516, Florida Statutes, are both misplaced in my judgment.

Accordingly, I would reverse the judgment appealed from and remand the cause to the trial court for application of the appropriate penalties under the usury statute.

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