Mazzaro v. Westerman

District Court of Appeal of Florida

Mazzaro v. Westerman

565 So. 2d 807, 1990 Fla. App. LEXIS 5391, 1990 WL 103145

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1990

DocketNo. 89-1940

StatusPublished

This text of 565 So. 2d 807 (Mazzaro v. Westerman) 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

Mazzaro v. Westerman, 565 So. 2d 807, 1990 Fla. App. LEXIS 5391, 1990 WL 103145 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

This is an appeal from a judgment in a contract and promissory note case.

We deem the evidence sufficient to support the judgment against appellants based upon an oral agreement for a loan. It is clear from the evidence, however, that the loan was usurious. The court erred in failing to require the statutory forfeiture and assess any statutory penalties which may apply. The judgment is affirmed in all respects except as relates to interest forfeiture and penalties. We remand for entry of an amended judgment to assess forfeiture and any applicable penalties regarding usurious interest charged or received.

REVERSED AND REMANDED.

DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.

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PER CURIAM.

This is an appeal from a judgment in a contract and promissory note case.

We deem the evidence sufficient to support the judgment against appellants based upon an oral agreement for a loan. It is clear from the evidence, however, that the loan was usurious. The court erred in failing to require the statutory forfeiture and assess any statutory penalties which may apply. The judgment is affirmed in all respects except as relates to interest forfeiture and penalties. We remand for entry of an amended judgment to assess forfeiture and any applicable penalties regarding usurious interest charged or received.

REVERSED AND REMANDED.

DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.

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Bluebook (online)

565 So. 2d 807, 1990 Fla. App. LEXIS 5391, 1990 WL 103145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzaro-v-westerman-fladistctapp-1990.