ANN M. CESARY, A/K/A ANN M. JOHNSON, INDIVIDUALLY AND FOR ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT,
v.
THE SECOND NATIONAL BANK OF NORTH MIAMI, DEFENDANT-APPELLEE
ANN M. CESARY, A/K/A ANN M. JOHNSON, INDIVIDUALLY AND FOR ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT,
THE SECOND NATIONAL BANK OF NORTH MIAMI, DEFENDANT-APPELLEE
598 F.2d 348
Court of Appeals for the Fifth Circuit (1979)
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cesary v. The Second Nat'l Bank OF N. Miami, 369 So. 2d 917 (Fla. 1979)
- Cesary v. The Second Nat'l Bank OF N. Miami, 567 F.2d 283 (5th Cir. 1978)