Narrative Opinion Summary
The court affirms the Department of Banking and Finance's default final order against AAA Guaranteed Mortgage, Inc. and John Paul Glenn, which includes revocation of Glenn’s mortgage broker license and AAA’s mortgage brokerage registration, but strikes the imposition of costs. The appeal centers on two points, with only one finding merit—specifically, the improper retroactive application of section 494.052, Florida Statutes (Supp. 1986), which was enacted after the alleged misconduct occurred in April 1986. The statute, effective September 1, 1986, authorized fines up to $5,000 per count, while the previous law permitted suspension or revocation without fines. As the sanctions imposed were based on a statute not in effect at the time of the alleged misconduct, the court rules against the retroactive application and strikes the fines. The order is upheld in all other respects. Judges Campbell and Frank concur.
Legal Issues Addressed
Retroactive Application of Statutessubscribe to see similar legal issues
Application: The court ruled against the retroactive application of a statute that was not in effect at the time of the alleged misconduct, thus striking the fines imposed under the new statute.
Reasoning: As the sanctions imposed were based on a statute not in effect at the time of the alleged misconduct, the court rules against the retroactive application and strikes the fines.
Sanctions under Florida Statutessubscribe to see similar legal issues
Application: The court affirmed the revocation of the mortgage broker license and brokerage registration under the applicable law but found error in imposing fines based on a statute enacted after the alleged misconduct.
Reasoning: The court affirms the Department of Banking and Finance's default final order against AAA Guaranteed Mortgage, Inc. and John Paul Glenn, which includes revocation of Glenn’s mortgage broker license and AAA’s mortgage brokerage registration, but strikes the imposition of costs.