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Moviematic Industries Corp. v. Metropolitan Mortgage Co.

Citations: 560 So. 2d 1220; 1990 Fla. App. LEXIS 1769; 1990 WL 29495Docket: No. 89-1287

Court: District Court of Appeal of Florida; March 19, 1990; Florida; State Appellate Court

Narrative Opinion Summary

Moviematic Industries Corporation (MIC) appeals a final judgment of foreclosure and a judgment against it on a counterclaim for breach of contract, usury, and violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). The trial court determined that Metropolitan Mortgage Corporation was acting as MIC’s mortgage broker and concluded that the loan in question was not usurious. MIC failed to prove that the trial court's findings were clearly erroneous or that Metropolitan acted with corrupt intent. Additionally, there was no evidence that Metropolitan breached any contractual duties to MIC. Consequently, the appellate court affirmed both the foreclosure judgment and the judgment against MIC on its counterclaim, finding no merit in MIC's remaining arguments.

Legal Issues Addressed

Breach of Contract Claims

Application: The appellate court found no evidence to support MIC's claims that Metropolitan Mortgage Corporation breached any contractual duties.

Reasoning: Additionally, there was no evidence that Metropolitan breached any contractual duties to MIC.

Foreclosure Judgment Affirmation

Application: The appellate court upheld the trial court's decision to issue a foreclosure judgment against MIC, finding no error in the trial court's conclusions.

Reasoning: Consequently, the appellate court affirmed both the foreclosure judgment and the judgment against MIC on its counterclaim, finding no merit in MIC's remaining arguments.

RICO Violation Claims

Application: MIC's claims under the Racketeer Influenced and Corrupt Organizations Act were rejected due to a lack of evidence demonstrating Metropolitan's corrupt intent.

Reasoning: MIC failed to prove that the trial court's findings were clearly erroneous or that Metropolitan acted with corrupt intent.

Usury Defense in Loan Agreements

Application: The trial court concluded that the loan in question was not usurious, a finding that MIC failed to successfully challenge on appeal.

Reasoning: The trial court determined that Metropolitan Mortgage Corporation was acting as MIC’s mortgage broker and concluded that the loan in question was not usurious.