MARY B. JOHANN, APPELLANT,
v.
ROBERT W. VAN ARSDALE AND ROSEMARY VAN ARSDALE, APPELLEES

Fla. 4th DCA | 1979-07-11
Nos. 78-482, 78-1500
ANSTEAD and MOORE, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.
372 So. 2d 1003 Florida District Court of Appeal, Fourth District (1979) Negative Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

These are consolidated appeals from a final judgment denying appellant’s action for damages on a claim of usury and a final judgment denying appellant’s complaint for foreclosure of a mortgage but awarding appellant the balance due on a note secured by the mortgage. We find no error by the trial court except in its failure to award the appellant interest on the amount due on the mortgage note up to the date of entry of the latter final judgment. Accordingly, the final judgment in case No. 78-482 is affirmed; the final judgment in case No. 78-1500 is affirmed in part and reversed in part to the extent that the trial court is hereby directed to enter judgment in favor of appellant for interest on the amount awarded up to the date of judgment.

ANSTEAD and MOORE, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lawrence v. State, 388 So. 2d 1250 (Fla. 4th DCA 1980)
    …iewing the contraband which is for sale. We think that fact distinguishes this case and Yenke from Raffield, Hornblower, and Hannigan. Similarly, two other cases appellants rely on for reversal are dissimilar to the present case. In Hansen v. State, 372 So. 2d 1003 (Fla.4th DCA 1979), the contraband was seized by officers who failed to knock and to announce their purpose before entering the premises upon which the contraband was located; there was no delivery of the contraband to either of two undercover offic…
    1 / 2
  • State v. Steffani, 398 So. 2d 475 (Fla. 3d DCA 1981)
    …ial ruse, and points to the fact that Guilfoyle and Houck signed the arrest form. This Court does not agree.” In light of the facts of this case, this Court is compelled to grant the Motion to Suppress under the recent authority of Hansen v. State, 372 So. 2d 1003 (Fla. 4th DCA 1979), and State v. Roman, 309 So. 2d 12 (Fla. 4th DCA 1975).[1] The applicability of Section 901.19(1), Fla. Stat. (1979) to variations of the “returning undercover officer” situation exemplified by this case has been the subject of…
    1 / 3
  • State v. Schwartz, 398 So. 2d 460 (Fla. 4th DCA 1981)
    …in his concurring opinion in Lawrence v. State, 388 So. 2d 1250 (Fla. 4th DCA 1980), this Court has had substantial difficulty reconciling several previous decisions which we have rendered involving similar factual situations. See, Hansen v. State, 372 So. 2d 1003 (Fla. 4th DCA 1979); State v. Roman, 309 So. 2d 12 (Fla. 4th DCA 1975); State v. Yenke, 288 So. 2d 531 (Fla. 4th DCA 1974), cert. denied, 295 So. 2d 303 (Fla.1974); and State v. Collier, 270 So. 2d 451 (Fla. 4th DCA 1972). We find that the knock and…
    1 / 2

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw