SERVIS ONE, INC., etc. v. JL INTERNATIONAL INVESTMENTS, LLC

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 4, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-44 Lower Tribunal No. 19-14656 ________________

Servis One, Inc., etc., Appellant,

vs.

JL International Investments, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Gina Beovides, Judge.

Ghidotti | Berger LLP, and Chase A. Berger, Tara Rosenfeld, and Jason L. Duggar, for appellant.

Neil Rose (Hollywood); Howard S. Weinstein P.A., and Howard S. Weinstein (Hollywood), for appellee.

Before EMAS, HENDON and MILLER, JJ.

PER CURIAM. Affirmed. See Jersey Palm-Gross, Inc. v. Paper, 658 So. 2d 531, 535

(Fla. 1995) (holding that “a usury savings clause cannot, by itself, absolutely

insulate a lender from a finding of usury . . . . Rather, [it is] one factor to be

considered in the overall determination of whether the lender intended to

exact a usurious interest rate;” further observing “that a contrary holding

would permit a lender to ‘relieve himself of the pains and penalties visited by

law upon such an act by merely writing into the contract a disclaimer of any

intention to do that which under his contract he has plainly done.’”)

(Additional citations omitted.)