HARRY B. COTTER AND BARBARA COTTER, HIS WIFE, APPELLANTS,
v.
SECURITY ACCEPTANCE CORPORATION, APPELLEE
HARRY B. COTTER AND BARBARA COTTER, HIS WIFE, APPELLANTS,
SECURITY ACCEPTANCE CORPORATION, APPELLEE
514 So. 2d 404
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
LETTS, J., and LINDSEY, HUBERT R., Associate Judge, concur. DOWNEY, J., dissents with opinion.
Dissent
DOWNEY, Judge,
dissenting.
It appears to me that the trial court erred in concluding the transaction involved herein was not usurious. Appellee’s argument in support of the propriety of including the documentary stamps as part of the sum financed and its argument that Chapter 687 is not applicable to appellee because of its licensure under Chapter 516, Florida Statutes, are both misplaced in my judgment.
Accordingly, I would reverse the judgment appealed from and remand the cause to the trial court for application of the appropriate penalties under the usury statute.
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