BARNETT BANK OF COCOA, N.A., A NATIONAL BANKING CORPORATION, PLAINTIFF,
v.
EUGENE H. OSBORNE AND FAYE OSBORNE, DEFENDANTS
BARNETT BANK OF COCOA, N.A., A NATIONAL BANKING CORPORATION, PLAINTIFF,
EUGENE H. OSBORNE AND FAYE OSBORNE, DEFENDANTS
333 So. 2d 65
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This matter was considered on certified question from the Circuit Court for Brev-ard County. We respectfully decline to answer the certified question. We find the reasons stated in Iorio v. State, 297 So. 2d 116 (Fla.App. 4th 1974) to be equally applicable herein.
WALDEN, C. J., ALDERMAN, J., and BERANEK, JOHN R., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Read v. MFP, Inc., 85 So. 3d 1151 (Fla. 2d DCA 2012)…nt interest in an amount greater than the statutory rate, cf. N. Star Capital Acquisitions, LLC v. Krig, 611 F. Supp. 2d 1324, 1336-37 (M.D.Fla.2009), or attempted to collect a debt that had already been satisfied, see Williams v. Streeps Music Co., 333 So. 2d 65, 67 (Fla. 4th DCA 1976). In each of those cases, the debt collector asserted specific legal rights concerning the collection of the debt at issue when it did not legally possess those rights. Here, Read did not and cannot point to any legal right t…
-
Schauer v. Gen. Motors Acceptance Corp. & Morse Operations, 819 So. 2d 809 (Fla. 4th DCA 2002)…on shall engage in certain practices in collecting consumer claims whether licensed by the division or not. This court has held that this language includes all allegedly unlawful attempts at collecting consumer claims. Williams v. Streeps Music Co., 333 So. 2d 65, 67 (Fla. 4th DCA 1976); accord White v. Fed. Fin. Corp., 379 So. 2d 136, 138 (Fla. 5th DCA 1980). As we hold GMAC qualifies as a person under the Act, we reverse dismissal of this count. FDUTPA CLAIM AGAINST GMAC Schauer also challenges dismissal…
-
White v. Fed. Fin. Corp., 379 So. 2d 136 (Fla. 5th DCA 1980)…ned in Section 559.-55(4)(a), since it was attempting to collect its own debts — not the debts of another. We hold that, while that distinction is valid, it does not change the thrust of appellants’ complaint. In Williams v. Streeps Music Co., Inc., 333 So. 2d 65 (Fla. 4th DCA 1976), we held that the provisions of the Consumer Collection Practice Act were not restricted to collection agencies. Rather the language of the Act includes all unlawful attempts at collecting consumer claims. The First District Cour…
Authorities Cited
- Iorio v. State, 297 So. 2d 116 (Fla. 4th DCA 1974)