Home Savings of America, F.S.B. v. Goldstein

District Court of Appeal of Florida

Home Savings of America, F.S.B. v. Goldstein

672 So. 2d 883, 1996 Fla. App. LEXIS 4397, 1996 WL 210826

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1996

DocketNo. 95-0406

StatusPublished

This text of 672 So. 2d 883 (Home Savings of America, F.S.B. v. Goldstein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Home Savings of America, F.S.B. v. Goldstein, 672 So. 2d 883, 1996 Fla. App. LEXIS 4397, 1996 WL 210826 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

The trial court determined that the appel-lees/borrowers were entitled to summary judgment on the ground that there were in [884]*884fact violations of the Federal Truth in Lending Act in the required credit disclosure statements furnished by appellant/lender. See Federal Truth in Lending Act, 15 U.S.C.A. § 1601 et seq. (West 1982 & Supp. 1995) (TILA). While five specific TILA violations were alleged by appellees, the trial court affirmatively refused to specify what violations it found in the documents. Our review is hampered by this failure.

One of the TILA violations alleged was the exclusion of the Florida intangible tax from the finance charge. Since the entry of the summary judgment, our court has decided Pignato v. Great Western Bank, 664 So.2d 1011 (Fla. 4th DCA 1995), reh’g, reh’g en banc and certified questions denied, 1/10/96, (jurisdiction pending Fla. no. 87,335), in which we held that the Florida intangible tax is excludable from the finance charge under TILA so long as the creditor itemizes and discloses the intangible tax to the customer. As the trial court seems to have relied on the contrary decision of Rodash v. AIB Mortgage Co., 16 F.3d 1142 (11th Cir.1994), we reverse and remand. As to the other violations alleged, we find that there are material issues of fact and law remaining. Moore v. Morris, 475 So.2d 666 (Fla.1985). We elaborate no further as the trial court did not determine which matters it considered to be TILA violations.

Reversed and remanded.

GUNTHER, C. J., and WARNER and FARMER, JJ., concur.

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PER CURIAM.

The trial court determined that the appel-lees/borrowers were entitled to summary judgment on the ground that there were in [884]*884fact violations of the Federal Truth in Lending Act in the required credit disclosure statements furnished by appellant/lender. See Federal Truth in Lending Act, 15 U.S.C.A. § 1601 et seq. (West 1982 & Supp. 1995) (TILA). While five specific TILA violations were alleged by appellees, the trial court affirmatively refused to specify what violations it found in the documents. Our review is hampered by this failure.

One of the TILA violations alleged was the exclusion of the Florida intangible tax from the finance charge. Since the entry of the summary judgment, our court has decided Pignato v. Great Western Bank, 664 So.2d 1011 (Fla. 4th DCA 1995), reh’g, reh’g en banc and certified questions denied, 1/10/96, (jurisdiction pending Fla. no. 87,335), in which we held that the Florida intangible tax is excludable from the finance charge under TILA so long as the creditor itemizes and discloses the intangible tax to the customer. As the trial court seems to have relied on the contrary decision of Rodash v. AIB Mortgage Co., 16 F.3d 1142 (11th Cir.1994), we reverse and remand. As to the other violations alleged, we find that there are material issues of fact and law remaining. Moore v. Morris, 475 So.2d 666 (Fla.1985). We elaborate no further as the trial court did not determine which matters it considered to be TILA violations.

Reversed and remanded.

GUNTHER, C. J., and WARNER and FARMER, JJ., concur.

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672 So. 2d 883, 1996 Fla. App. LEXIS 4397, 1996 WL 210826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-savings-of-america-fsb-v-goldstein-fladistctapp-1996.

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