Florida District Courts of Appeal, 2018

Bluewater, Inc. v. Ctr. St. Lending Fund IV Spe, LLC

Bluewater, Inc. v. Ctr. St. Lending Fund IV Spe, LLC
Florida District Courts of Appeal · Decided November 21, 2018
257 So. 3d 1092 (Southern Reporter, Third Series)

Bluewater, Inc. v. Ctr. St. Lending Fund IV Spe, LLC

Opinion of the Court

Per Curiam.

We summarily affirm the trial court's order requiring sequestration of rents under section 697.07(4), Florida Statutes (2018). The statute allows sequestration of rents 'notwithstanding any asserted defenses or counterclaims of the mortgagor.' Id. (emphasis supplied). "In ruling on a motion to sequester rents, a court should refrain from conclusively ruling on affirmative defenses." Tidewater Estates Co-Op, Inc. v. U.S. Bank Nat. Ass'n , 83 So.3d 912 (Fla. 4th DCA 2012). Usury is an affirmative defense. Cerrito v. Kovitch , 423 So.2d 1008, 1010 (Fla. 4th DCA 1982), approved, 457 So.2d 1021 (Fla. 1984). The trial court did not abuse its discretion.

Affirmed .

Gerber, C.J., Warner and Conner, JJ., concur.

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