JOSE GUILLERMO RIANO AND CLARA INEZ RIANO, HIS WIFE, APPELLANTS,
v.
JOHN R. BURCHFIELD, APPELLEE
JOSE GUILLERMO RIANO AND CLARA INEZ RIANO, HIS WIFE, APPELLANTS,
JOHN R. BURCHFIELD, APPELLEE
512 So. 2d 1121
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We agree with the holding of the trial court, following Fogg v. Southeast Bank, N.A., 473 So. 2d 1352 (Fla. 4th DCA 1985), that the 1986 amendment to section 697.-05(3), Florida Statutes (1985), which eliminated the interest forfeiture provision of the Balloon Mortgage Law, applies to a mortgage entered into before its effective date. See Tralins v. Pearl, 497 So. 2d 918 (Fla. 3d DCA 1986) (per curiam).
The other issue raised by the appellee was not presented below and will therefore not be considered. 3 Fla.Jur.2d Appellate Review § 92 (1987).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalo R. Lage v. PAN Am. Bank, 529 So. 2d 1242 (Fla. 3d DCA 1988)…tatutorily prescribed language at the top of the first page or face sheet of the mortgage and immediately above the place for the mortgagor’s signature. Because NCNB did not comply, it is subject to the prescribed penalties. See Riano v. Burchfield, 512 So. 2d 1121 (Fla. 3d DCA 1987). We therefore reverse the judgment in favor of NCNB and remand for the trial court to enter judgment in favor of Lage. Reversed and remanded with instructions. . Section 697.05, Florida Statutes (1987), provides: Balloon mortga…1 / 2
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Tahiti Beach Homeowners Ass'n, Inc. v. Pfeffer, 52 So. 3d 808 (Fla. 3d DCA 2011)…at all pending proceedings, including matters on appeal, are determined under the law in effect at the time of decision rather than that in effect when the cause of action arose or some earlier time.” This Court followed Fogg in Riano v. Burchfield, 512 So. 2d 1121 (Fla. 3d DCA 1987), holding that a legislative amendment eliminating a penalty (and lacking a provision expressly limiting the application of the amendment to contracts entered into after the effective date) is applicable to contracts entered into b…
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Gen. Storage Corp. v. Gen. Bank, 561 So. 2d 615 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. See White v. Anthony Inv. Co., 119 Fla. 108, 160 So. 881 (1935); Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987, 128 So. 241 (1930); Riano v. Burchfield, 512 So. 2d 1121 (Fla. 3d DCA 1987); Fogg v. Southeast Bank, N.A., 473 So. 2d 1352 (Fla. 4th DCA 1985).…
Authorities Cited
- E.C. Fogg, III v. Se. Bank, N.A., 473 So. 2d 1352 (Fla. 4th DCA 1985)
- Vasallo v. Fletcher, 497 So. 2d 918 (Fla. 3d DCA 1986)
- Nikki N. Tralins v. Pearl, 497 So. 2d 918 (Fla. 3d DCA 1986)