LITTLE JUDY INDUSTRIES, INC., PETITIONER,
v.
FEDERAL INSURANCE COMPANY, RESPONDENT

Fla. | 1973-10-11
No. 44209
CARLTON, C. J., and ROBERTS, ADKINS and DEKLE, JJ., concur., ERVIN, J., dissents.
284 So. 2d 220 Florida Supreme Court (1973) Positive Treatment
Cited by 3 cases

Opinion of the Court

Certiorari denied. 280 So. 2d 14.

CARLTON, C. J., and ROBERTS, ADKINS and DEKLE, JJ., concur. ERVIN, J., dissents.


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  • Foster v. Weber, 578 So. 2d 857 (Fla. 5th DCA 1991)
    …dgment should have been denied. In similar disguised “sales” of contract rights eases, usury has been allowed to be raised as a defense and tried. See, e.g., W.B. Dunn Co., Inc. v. Mercantile Credit Corp., 275 So. 2d 311 (Fla. 1st DCA), rev. denied, 284 So. 2d 220 (Fla.1973). In moving for summary judgment, the Webers made no effort to counter by affidavit or otherwise, Foster’s defense of usury. His two affidavits (filed in opposition to the Webers’ motion), buttress his affirmative defense adequately, in m…
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  • …t court granted Indemnity’s motion for summary judgment. In reaching this result, the court, in its dispositive order, principally relied on Little Judy Industries, Inc. v. Federal Insurance Co., 280 So. 2d 14 (Fla.App. 3d Dist.1973), ceH. denied, 284 So. 2d 220 (Fla.1973), a district court of appeal decision that addressed a factual scenario similar to the one in this case. In Little Judy, the court determined that damage to an aircraft engine damage due to overheating, which, in turn, may have been cause…

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