William Jonathan Denius's Legal Cases (3)

Litigation

Nolden v. Summit Financial Corporation, 244 So.3d 322 (Fla. 4th DCA 2018)

Apr 25, 2018

OUTCOME: Affirmed.

Buyer, who financed purchase of used automobile, brought action against finance company and seller for criminal usury and violations of Civil Remedies for Criminal Practices Act. The 17th Judicial Circ ... uit, Broward County, No. CACE-14-009704 (14), Carlos Augusto Rodriguez, J., granted company's and seller's motions for summary judgment. Buyer appealed. Holdings: The District Court of Appeal, Gross, J., held that: 1 contract governing purchase of automobile was retail installment sales contract; 2 interest rate set forth in Motor Vehicle Retail Sales Finance Act, not in general usury statute, governed retail installment transaction involving sale of automobile; and 3 contract agreement was not a “loan” under usury statute.

Arbitration

Walker v. Southern Auto Finance Company, 2015 WL 13305876 (M.D. Fla. 2015)

Apr 24, 2015

OUTCOME: Dismissed without prejudice.

Order granting Defendant's Motion to Compel Arbitration.

Contracts and agreements

Omega Congress, Inc. v. BAF Tour Services, Inc., 855 So.2d 113 (Fla. 3d DCA 2003)

Jul 16, 2003

OUTCOME: Affirmed.

Company selling travel services brought breach of contract action against tour service alleging failure to pay for hotel rooms secured by the company. Tour service countersued for return of monies paid ... to secure the rooms. Both parties moved for summary judgment. The Judicial Circuit Court, Miami–Dade County, Bernard S. Shapiro, J., granted summary judgment in favor of tour service. Company appealed. The District Court of Appeal held that contract was void and unenforceable.

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