Criminal Usury

44 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Biasucci
  786 F.2d 504· 2d Cir.· 1986-03-17 ·cited 189×
  The court held that visual electronic surveillance of private premises can be authorized under Rule 41 and 57(b) if it meets constitutional standards, and that RICO does not require proof of specific knowledge of usurious interest rates for conviction.
• Nannie C. Benson v. First Tr. & Sav. Bank
  105 Fla. 135· Fla.· 1931-05-08 ·cited 98×
  The Florida Supreme Court addressed whether an acceleration clause in a mortgage note becomes criminally usurious when invoked after the borrower's default, even though the original loan terms were not usurious at their agreed maturity. The court held that usury is determined by
• TEL Serv. Co., Inc. v. Gen. Cap. Corp.
  227 So. 2d 667· Fla.· 1969-10-29 ·cited 71×
  Tel Service Co., Inc. and its owners appealed a judgment requiring them to disgorge usurious interest payments, arguing the corporate form should be disregarded and that new legislation (Chapter 65-299) eliminated their recovery rights. The Florida Supreme Court affirmed the Dist
• Dorris Slater Redish v. State
  525 So. 2d 928· Fla. 1st DCA· 1988-05-04 ·cited 49×
  Dorris Slater Redish was convicted of RICO, usurious lending, and solicitation to commit grand theft and insurance fraud. The Florida District Court of Appeal affirmed the conviction but reversed and remanded for a new trial due to prosecutorial misconduct during closing argument
• Gen. Cap. Corp. v. TEL Serv. Co., Inc.
  212 So. 2d 369· Fla. 2d DCA· 1968-06-12 ·cited 39×
  General Capital Corporation (GC) challenges three interrelated appellate decisions from a circuit court action involving alleged usurious lending. The case turns on whether GC's discount purchase of commercial paper from Tel Service Co. (TS) actually constituted loans at rates ex
• Cyrus H. Wicker v. Tr. Co. of Fla.
  109 Fla. 411· Fla.· 1933-04-13 ·cited 39×
  The Wickers appealed a foreclosure judgment, claiming the $15,000 mortgage securing bonds was usurious because they received only $8,196.48 while paying over 25% annual interest. The Florida Supreme Court affirmed the foreclosure, holding that a bona fide bond-selling transaction
• KAY v. Amendola
  129 So. 2d 170· Fla. 2d DCA· 1961-03-24 ·cited 38×
  In this equity case, Amendola sued Kay and Kay Realty Company for usury, alleging that what was characterized as a six-month real estate option contract was actually a disguised loan charging interest in excess of Florida's legal limit. The appellate court affirmed that the trans
• Wilensky v. Fields
  267 So. 2d 1· Fla.· 1972-07-12 ·cited 36×
  The Florida Supreme Court held that a 1969 criminal usury statute (Chapter 69-135, Section 687.071) does not retroactively apply to usurious corporate loans made before its enactment, and does not impliedly repeal the 1965 statute (Section 687.11) limiting penalties for corporate
• Home Credit Co. v. Brown
  148 So. 2d 257· Fla.· 1962-12-21 ·cited 33×
  The court held that the plaintiff's open, notorious, and continuous possession of the property for 31 years, under a claim of sole ownership, constituted adverse possession, entitling her to establish title.
• Diversified Enters., Inc. v. West
  141 So. 2d 27· Fla. 2d DCA· 1962-05-16 ·cited 33×
  A lender sought recovery on two promissory notes totaling $20,000 plus interest given as part of a real estate investment transaction. The trial court found civil usury and allowed recovery on only one note without interest, but the appellate court reversed, holding that the tran
• Jersey Palm-Gross, Inc. v. Paper
  658 So. 2d 531· Fla.· 1995-07-20 ·cited 26×
  Jersey Palm-Gross, Inc. v. Paper addresses whether a usury savings clause in a loan agreement can absolutely bar a finding of usury as a matter of law. The Florida Supreme Court held that a savings clause is merely one factor in determining lender intent, not an absolute bar, and
• Kraft v. Zelda Pincourt Mason
  668 So. 2d 679· Fla. 4th DCA· 1996-02-28 ·cited 21×
  Mason lent money to her brother Kraft to finance federal antitrust litigation in exchange for a percentage of any recovery. When the suit settled for $5 million, Kraft withheld Mason's share. The trial court rejected champerty, usury, and statute of limitations defenses but misca
• First Mortg. Corp. OF Vero Beach v. Stellmon
  170 So. 2d 302· Fla. 2d DCA· 1964-12-09 ·cited 20×
  First Mortgage Corporation appealed a foreclosure decree finding its promissory note and mortgage civilly usurious due to an acceleration clause that would allow the lender to precipitate unearned interest to maturity upon default. The Florida District Court of Appeal affirmed, h
• Ayvas v. Green
  57 So. 2d 30· Fla.· 1952-02-22 ·cited 20×
  The Florida Supreme Court addressed whether a mortgage transaction was usurious. The court held that while the transaction was not criminally usurious, it was civilly usurious, leading to a forfeiture of double the interest charged. The case clarifies the application of usury law
• Morgan Walton Props., Inc. v. Int'l City Bank & Tr. Co.
  404 So. 2d 1059· Fla.· 1981-10-08 ·cited 18×
  The Florida Supreme Court answered a certified question from the Fifth Circuit regarding whether Louisiana-executed promissory notes secured by Florida real estate mortgages are enforceable in Florida courts when the interest rates are usurious under Florida law but legal under L
• Am. Acceptance Corp. v. Schoenthaler
  391 F.2d 64· 5th Cir.· 1968-01-29 ·cited 18×
• Brown v. Home Credit Co., Inc.
  137 So. 2d 887· Fla. 2d DCA· 1962-02-09 ·cited 18×
  In this 1962 Florida appellate decision, the court upheld the trial court's finding that Home Credit Company's mortgage and promissory notes were permeated with usury, but reversed the trial court's penalty determination. The court held that Home Credit participated in a scheme w
• Jersey Palm-Gross, Inc. v. Paper
  639 So. 2d 664· Fla. 4th DCA· 1994-07-06 ·cited 16×
  Jersey Palm-Gross, Inc. challenged a trial court's finding that a $200,000 loan to real estate partners was usurious, arguing it lacked the requisite intent to charge excessive interest. The Fourth District Court of Appeal affirmed, holding that a usury savings clause does not au
• State v. Powell
  343 So. 2d 892· Fla. 1st DCA· 1977-02-25 ·cited 14×
  The State appealed the dismissal of criminal charges against Ralph and Mary Powell for loansharking and conspiracy. The trial court had granted the defendants' motion to dismiss based on claimed immunity under Florida's immunity statute. The court reversed, holding that immunity
• Rollins v. J.D. Odom, Jr.
  519 So. 2d 652· Fla. 1st DCA· 1988-01-12 ·cited 11×
  This consolidated appeal addresses whether mortgage foreclosures involving the Rollins family constitute usurious lending under Florida law. The court reversed the trial court's civil usury finding and determined that the transactions instead involved criminal usury, requiring fo
• Oregrund Ltd. P'ship v. Sheive
  873 So. 2d 451· Fla. 5th DCA· 2004-05-07 ·cited 10×
  Oregrund Limited Partnership and Euramerican Investment Consultants Corp. challenged the trial court's dismissal of their complaint alleging usury against investors who structured a sale-leaseback transaction involving valuable real estate. The Fifth District Court of Appeal reve
• Pasternak v. Brook
  528 So. 2d 1354· Fla. 3d DCA· 1988-08-09 ·cited 9×
  The court affirmed that a note and mortgage with interest exceeding 25% under Florida's criminal usury statute is unenforceable even against a bona fide purchaser.
• Plantation Vill. Ltd. P'ship OF Sanibel v. Aycock
  617 So. 2d 729· Fla. 2d DCA· 1993-03-19 ·cited 8×
  In this foreclosure case, the Florida District Court of Appeal reversed a summary judgment against condominium developers, holding that the borrowers' affirmative defense of usury created a genuine factual dispute precluding summary judgment. The court found that the lenders char
• First Am. Bank & Tr. v. Int'l Med. Ctrs., Inc.
  565 So. 2d 1369· Fla. 1st DCA· 1990-07-19 ·cited 7×
  First American Bank and Trust appealed an order denying its secured proof of claim in an insurance receivership proceeding, challenging the trial court's finding that its $10 million loan to International Medical Centers, Inc. was criminally usurious. The appellate court reversed
• Hembree v. Bradley
  528 So. 2d 116· Fla. 1st DCA· 1988-07-13 ·cited 7×
  Appellants appeal a summary judgment granting specific performance of a contract for sale and purchase of real property. The court reversed, finding genuine disputes of material fact regarding whether the transaction was a disguised loan subject to usury laws and whether appellan
• In re Forfeiture OF ONE 1983 Lincoln Four Door Auto.
  497 So. 2d 1254· Fla. 4th DCA· 1986-09-17 ·cited 6×
  The court held that a vehicle used to facilitate a criminal usury agreement, including forbearance on collection, is subject to forfeiture.
• Gordon v. W. Fla. Enters. OF Pensacola, Inc.
  177 So. 2d 859· Fla. 1st DCA· 1965-08-19 ·cited 6×
  In this foreclosure appeal, Gordon challenges the trial court's decree enforcing a promissory note and mortgage while denying her the statutory penalty for usury. The court held that the note contained usurious interest at approximately 20.3% per annum, and Gordon was entitled to
• Pazmino v. Lidia Gonzalez
  273 So. 3d 1056· Fla. 3d DCA· 2019-03-27 ·cited 5×
  The Pazminos appealed a trial court's award of attorneys' fees to Gonzalez, challenging both the entitlement to fees under the FDUTPA and the application of a 2.0 contingency risk multiplier to the lodestar amount. The appellate court affirmed, holding that the multiplier was pro
• OFS Equities, Inc. v. Lou Conde
  421 So. 2d 651· Fla. 3d DCA· 1982-10-26 ·cited 5×
  The court held that Florida law was erroneously applied to the mortgage transaction, and Colorado law should have been applied because it was more favorable and had a normal relation to the transaction.
• Velletri v. Dixon
  44 So. 3d 187· Fla. 2d DCA· 2010-09-10 ·cited 4×
  The Florida District Court of Appeal reversed a foreclosure judgment, holding that a mortgage loan secured by a promissory note was criminally usurious at its inception because the effective interest rate, calculated according to statutory methodology, exceeded 25 percent when wi
• Beausejour Corp., N.V. v. Offshore Dev. Co., Inc.
  802 F.2d 1319· 11th Cir.· 1986-10-20 ·cited 3×
  The court held that the transaction was a usurious loan and that Beausejour's attempted cure notice did not comply with statutory requirements.
• T.J. Cunningham v. M.D. Koon
  762 So. 2d 572· Fla. 4th DCA· 2000-07-05 ·cited 2×
• Lavornia v. Jeanelle Rivers
  669 So. 2d 288· Fla. 5th DCA· 1996-02-09 ·cited 2×
  Anthony LaVornia appealed a summary judgment granted in favor of Jeanelle Rivers on his RICO and Florida Civil Remedies for Criminal Practices Act claims. The appellate court reversed, holding that Rivers' admitted involvement in running B.N. Enterprises' floorplan financing oper
• Quick Cash OF Clearwater, Inc. v. State
  605 So. 2d 898· Fla. 2d DCA· 1992-08-28 ·cited 2×
  The Division of Consumer Services sought injunctions against Quick Cash pawnshops for allegedly illegal auto loan/lease transactions with effective interest rates exceeding 500%. The court held that the Division has authority under Florida Statutes § 570.544(11) to seek injunctiv
• Eco Green Int'l, LLC v. Acapital
  427 So. 3d 577· Fla. 3d DCA· 2025-12-31 ·cited 1×
  Non-signatories to an arbitration agreement may compel arbitration when the claims against them are intertwined with and inherently inseparable from the agreement signed by the parties. Equitable estoppel applies where a signatory cannot rely on the contract to establish claims w
• Adrianne Nolden v. Summit Fin. Corp.
  244 So. 3d 322· Fla. 4th DCA· 2018-04-25 ·cited 1×
  A retail installment sales contract for the purchase of a motor vehicle is governed by Chapter 520 (Motor Vehicle Retail Sales Finance Act), not Chapter 687 (the general usury statute), because the specific statute controls over the general statute when they conflict and reach co
• Pinchuck v. Canzoneri
  920 So. 2d 713· Fla. 4th DCA· 2006-02-08 ·cited 1×
  Transactions disguised as investments with excessive interest rates are usurious loans, invalid and unenforceable, regardless of the terminology used.
• United States v. Croce
  502 F. Supp. 1080· S.D. Fla.· 1980-11-07 ·cited 1×
  The court held that the defendant's motion for judgment of acquittal should be granted because the compelling alibi evidence of incarceration, supported by official records, created reasonable doubt that the government's evidence could overcome.
• Adolfo Pazmino Lopez v. Mel-Mont Med., LLC
  Fla. 3d DCA· 2024-10-16
  Adolfo Pazmino Lopez appealed a trial court's summary judgment that found a promissory note he held was usurious and unenforceable. The court affirmed the finding that the note was usurious but reversed and remanded the damages award, and also reversed summary judgment entered ag
• Schiedenhelm v. State
  255 So. 3d 431· Fla. 5th DCA· 2018-08-31
  A summary denial of a postconviction ineffective assistance of counsel claim is improper when the claim is legally and facially sufficient and the record attachments do not conclusively refute it.
• Lawyers Title Ins. Corp. v. Benny A. Wells and Kathy Wells
  881 So. 2d 668· Fla. 5th DCA· 2004-08-27
  A loan found to be criminally usurious is unenforceable, and a title insurance policy excluding coverage for usury cannot be enforced by the borrower.
• Centrust Sav. Bank v. Springs Cmty. Ass'n, Inc.
  580 So. 2d 654· Fla. 5th DCA· 1991-05-09
  Where a contract provides for compound interest at 18 percent per annum, which exceeds the maximum allowed contractual interest rate, the creditor forfeits all interest and may recover only the principal amount.
• Pappas v. State
  497 So. 2d 974· Fla. 4th DCA· 1986-11-19
  Harry Pappas was convicted of criminal usury under Florida law and appealed, challenging the admission of a tape-recorded conversation with the victim on the grounds that the state failed to establish the victim's prior consent to recording through competent evidence. The Fourth
• Lewis v. Kitzen
  9 Fla. Supp. 80· Broward Cty. Cir. Ct.· 1956-03-23
  In this equity case, a plaintiff successfully challenged a mortgage obtained through fraud and usury. The court found that defendants conspired with a mortgage company, attorney, and construction company to defraud the plaintiff of a poorly documented homestead mortgage far excee