Ann M. Cesary, A/K/A Ann M. Johnson, Individually and for All Others Similarly Situated v. The Second National Bank of North Miami

Second Circuit

Ann M. Cesary, A/K/A Ann M. Johnson, Individually and for All Others Similarly Situated v. The Second National Bank of North Miami

598 F.2d 348, 1979 U.S. App. LEXIS 13407

Court of Appeals for the Second Circuit·Decided July 5, 1979·No. 76-1515·Published·Cited by 1 cases

Opinion

PER CURIAM:

The appellant borrower initiated this class action against the appellee lender, alleging that appellee charged interest rates on loans in excess of the ceiling set by 12 U.S.C. § 86 and Florida Constitution, article III, § 1. The district court denied appellant’s motion for class certification and granted appellee’s motion for summary judgment on the merits. Since the outcome of this appeal turned on an interpretation of Florida law, we certified two questions to the Supreme Court of Florida. Cesary v. Second National Bank of North Miami, 567 F.2d 283 (5th Cir. 1978).

The Supreme Court of Florida has now ruled that the district court correctly interpreted Florida law. Cesary v. Second National Bank of North Miami, 369 So.2d 917 [Fla.1979]. Therefore, we hold that the district court did not err in granting appellee’s motion for summary judgment. We need not address the propriety of the district court’s denial of class certification.

AFFIRMED.

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PER CURIAM:

The appellant borrower initiated this class action against the appellee lender, alleging that appellee charged interest rates on loans in excess of the ceiling set by 12 U.S.C. § 86 and Florida Constitution, article III, § 1. The district court denied appellant’s motion for class certification and granted appellee’s motion for summary judgment on the merits. Since the outcome of this appeal turned on an interpretation of Florida law, we certified two questions to the Supreme Court of Florida. Cesary v. Second National Bank of North Miami, 567 F.2d 283 (5th Cir. 1978).

The Supreme Court of Florida has now ruled that the district court correctly interpreted Florida law. Cesary v. Second National Bank of North Miami, 369 So.2d 917 [Fla.1979]. Therefore, we hold that the district court did not err in granting appellee’s motion for summary judgment. We need not address the propriety of the district court’s denial of class certification.

AFFIRMED.

Ann M. Cesary, A/K/A Ann M. Johnson, Individually and for All Others Similarly Situated v. The Second National Bank of North Miami, 598 F.2d 348, 1979 U.S. App. LEXIS 13407 (2d Cir. 1979).

Pincite

598 F.2d 348 (Ann M. Cesary, A/K/A Ann M. Johnson, Individually and for All Others Similarly Situated v. The Second National Bank of North Miami) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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