AMERICAN ACCEPTANCE CORP.

v.

SCHOENTHALER ET AL.

Citator

Cited By (68 total)

• Rebman v. Flagship First Nat'l Bank OF Highlands Cnty., 472 So. 2d 1360 (Fla. 2d DCA 1985)
  …the legal interest on the balance left in the borrower’s hands for his actual use. [*1365] For a case involving the application of this rule under Florida law, see American Acceptance Corp. v. Schoenthaler, 391 F. 2d 64 (5th Cir.1968), cert. denied, 392 U.S. 928, 88 S.Ct. 2287, 20 L.Ed.2d 1387 (1968). Significantly, in its brief the bank conceded that if the funds in the escrow account were considered as being taken as an advance or forbearance, the effective rate of interest computed according to the form…
• Livingston v. State, 481 So. 2d 2 (Fla. 1st DCA 1985)
  …authority is discretionary, it must be kept in mind that dismissal is a drastic remedy which should be used only in extreme situations. Lifeguard, supra, citing Flaska v. Little River Marine Construction Co., 389 F. 2d 885 (5th Cir.1968), cert. den. 392 U.S. 928, 885 S.Ct. 2287, 20 L.Ed.2d 1387 (1968). In Travelers Insurance Co. v. Rodriguez, 357 So. 2d 464 (Fla.2d DCA 1978), a default judgment was granted based on the defendant’s failure to timely furnish a pretrial statement pursuant to the pretrial orde…
• Saralegui v. Sacher, 19 So. 3d 1048 (Fla. 3d DCA 2009)
  …uires proof that the lender intended to collect payments for the loan which, when expressed as a simple rate of interest per annum, exceeded the maximum allowable rate. Am. Acceptance Corp. v. Schoenthaler, 391 F. 2d 64 (5th Cir.1968), cert. denied, 392 U.S. 928, 88 S.Ct. 2287, 20 L.Ed.2d 1387 (1968). The appellants’ deposition testimony and allegations in the second amended complaint leave no doubt that they intended to receive $150,000 for a 30-day loan of $300,000 (Trelles), and $80,000 for a 25-day loan…