LLOYD CAMPBELL, APPELLANT,

v.

SARA CAMPBELL, APPELLEE

Citator

Cited By

• N. Am. Mortg. Invs. v. Cape SAN Blas Joint Venture, 378 So. 2d 287 (Fla. 1979)
  …. This case is before us by way of petition and cross-petition for writ of certiorari from a decision of the District Court of Appeal, First District, reported at 357 So. 2d 416. The petition asserts conflict with Sumner v. Investment Mortgage Co., 332 So. 2d 103 (Fla. 1st DCA 1976), upon the issue of whether corrupt intent by the principal to collect more than the lawful rate of interest is an essential element in proving usury where a broker’s commission is collected and retained by the agent of the princi…
• Gergora v. Goldstein Prof'l Ass'n Defined Benefits Pension Plan & Tr., 500 So. 2d 695 (Fla. 3d DCA 1987)
  …usury as a defense must prove all the elements of usury by clear and satisfactory evidence. Dixon v. Sharp, 276 So. 2d 817, 822 (Fla.1973); I.R.E. Fin. Corp. v. Cassel, 335 So. 2d 598 (Fla. 3d DCA 1976); Sumner v. Investment Mortgage Co. of Florida, 332 So. 2d 103 (Fla. 1st DCA 1976), cert. denied, 344 So. 2d 327 (Fla.1977); River Hills, Inc. v. Edwards, 190 So. 2d 415, 423 (Fla. 2d DCA 1966). The elements of usury are: (1) There must be a loan express or implied; (2) An understanding between the parties tha…
• Rollins v. J.D. Odom, Jr., 519 So. 2d 652 (Fla. 1st DCA 1988)
  …en usury is raised as a defense, the borrower must affirmatively plead and establish the four elements of a usurious transaction by clear and satisfactory evidence. Dixon v. Sharp, 276 So. 2d at 820; Sumner v. Investment Mortgage Company of Florida, 332 So. 2d 103, 105 (Fla. 1st DCA 1976) cert. denied 344 So. 2d 327 (Fla. 1977); Gergora v. Goldstein Professional Assoc., 500 So. 2d at 697; Rebman v. St. Petersburg Bank, 472 So. 2d at 1362. In other words, “[t]hat the lender willfully and with corrupt intent ch…