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Bluewater, Inc. v. Ctr. St. Lending Fund IV SPE, LLC

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Nov 21, 2018
257 So. 3d 1092 (Fla. Dist. Ct. App. 2018)

Opinion

No. 4D18-3152

11-21-2018

BLUEWATER, INC. and Anthony Scott Walker, Appellants, v. CENTER STREET LENDING FUND IV SPE, LLC, Appellee.

Gary Barcus, Pembroke Pines, for appellants. No appearance for appellee.


Gary Barcus, Pembroke Pines, for appellants.

No appearance for appellee.

Per Curiam.

We summarily affirm the trial court's order requiring sequestration of rents under section 697.07(4), Florida Statutes (2018). The statute allows sequestration of rents ‘notwithstanding any asserted defenses or counterclaims of the mortgagor.’ Id. (emphasis supplied). "In ruling on a motion to sequester rents, a court should refrain from conclusively ruling on affirmative defenses." Tidewater Estates Co-Op, Inc. v. U.S. Bank Nat. Ass'n , 83 So.3d 912 (Fla. 4th DCA 2012). Usury is an affirmative defense. Cerrito v. Kovitch , 423 So.2d 1008, 1010 (Fla. 4th DCA 1982), approved, 457 So.2d 1021 (Fla. 1984). The trial court did not abuse its discretion.

Affirmed .

Gerber, C.J., Warner and Conner, JJ., concur.


Summaries of

Bluewater, Inc. v. Ctr. St. Lending Fund IV SPE, LLC

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Nov 21, 2018
257 So. 3d 1092 (Fla. Dist. Ct. App. 2018)
Case details for

Bluewater, Inc. v. Ctr. St. Lending Fund IV SPE, LLC

Case Details

Full title:BLUEWATER, INC. and ANTHONY SCOTT WALKER, Appellants, v. CENTER STREET…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Nov 21, 2018

Citations

257 So. 3d 1092 (Fla. Dist. Ct. App. 2018)