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

• Court: District Court of Appeal of Florida
• Decided: January 4, 2023
• Docket: 22-0044
• Status: Published

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.)