KENNETH E. PADGETT ET AL., PETITIONERS,
v.
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LAKE WORTH, A UNITED STATES CORPORATION, RESPONDENT
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The Court holds that it is without jurisdiction to hear the case. The writ of certiorari previously issued is discharged.
Certiorari was granted due to an apparent conflict regarding the applicability of Section 687.071, Florida Statutes. The District Court also considere…
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PER CURIAM.
Certiorari was granted in this cause because of apparent conflict between the instant decision of the Fourth District Court of Appeal reported at 297 So. 2d 101 (Fla.App.4th 1974), and. the decision of this Court in Tel Service Co., Inc. v. General Capital Corporation, 227 So. 2d 667 (Fla.1969), concerning the applicability of Section 687.071, Florida Statutes. We find no conflict and, further, that the decision of the District Court is in accordance with our decision in Wilensky v. Fields, 267 So. 2d 1 (Fla.1972), and the decision of the First District Court of Appeal in Staros v. Avalon Shores, Inc., 249 So. 2d 448 (Fla. App.lst 1971).
The District Court further considered whether a Federal Home Loan Bank fell within the purview of a usury exemption as prescribed by Section 665.395, Florida Statutes, when that issue was raised in a motion to dismiss, holding it could not properly determine that issue under the circumstances of this case, and remanded the cause with the suggestion that the issue should be raised as an affirmative defense. This action was neither improper nor determinative to give us jurisdiction.
We hold that this Court is without jurisdiction. The writ heretofore issued is therefore discharged.
It is so ordered.
ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.
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Cont'l Mortg. Invs. v. Sailboat KEY, Inc., 354 So. 2d 67 (Fla. 3d DCA 1977)…on 687.071, Florida Statutes (1969) retroactive effect in violation of Article I, Section 10, Florida Constitution (1968). See Wilensky, supra; Padgett v. First Fed. Sav. § L. Ass’n of Lake Worth, 297 So. 2d 101 (Fla. 4th DCA 1974), cert. discharged 329 So. 2d 313 (Fla. 1976). Thus, the trial judge was correct in determining the proper penalty to be a forfeiture of double the interest exacted. CMI for its next point argues that Sailboat Key’s claim is barred by the 2-year statute of limitation in that the $3…
Authorities Cited
- TEL Serv. Co., Inc. v. Gen. Cap. Corp., 227 So. 2d 667 (Fla. 1969)
- Wilensky v. Fields, 267 So. 2d 1 (Fla. 1972)
- Staros v. Avalon Shores, Inc., 249 So. 2d 448 (Fla. 1st DCA 1971)
- Padgett v. First Fed. Sav. & Loan Ass'n OF Lake Worth, 297 So. 2d 101 (Fla. 4th DCA 1974)