Video Trax, Inc. v. Nationsbank, N.A.

Full title: VIDEO TRAX, INC., a Florida Corporation, on behalf of itself and all other…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Mar 14, 2000

205 F.3d 1358 (11th Cir. 2000)

Opinion

No. 99-4007.

DECIDED: March 14, 2000.

Scott A. Silver, Miami, FL, for Plaintiff-Appellant.

Bradford Swing, Eugene E. Stearns, Stearns, Weaver, Miller, Weissler, Alhadeff Sitterson, P.A., Miami, FL, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Florida (No. 97-01586-CV-ASG); Alan S. Gold, Judge.

Before TJOFLAT, Circuit Judge, FAY, Senior Circuit Judge, and HANCOCK^_, Senior District Judge.

_ Honorable James H. Hancock, Senior District Judge for the Northern District of Alabama, sitting by designation.

PER CURIAM:

The facts and procedural history of this case are set out in the district court's opinion reported at 33 F. Supp.2d 1041 (S.D.Fla. 1998). For the reasons stated by the district court, id. at 1047-55 (part III.A. through III.C.), we find that the fees at issue do not constitute "interest" for purposes of the usury provisions of the National Bank Act, 12 U.S.C. § 85-86 (1994). Accordingly, the judgment of the court is

AFFIRMED.