CESARY v. SECOND NAT. BANK OF NORTH MIAMI

No. 53497.

369 So.2d 917 (1979)

Ann M. CESARY, Appellant, v. The SECOND NATIONAL BANK OF NORTH MIAMI, Appellee.

Supreme Court of Florida.

Rehearing Denied May 14, 1979.


Attorney(s) appearing for the Case

Shalle Stephen Fine, Steven R. Brownstein, Miami, and Milton Feller, Miami Beach, Fine & Brownstein, Miami, and Marion E. Sibley of Sibley, Giblin, Levenson & Glaser, Miami Beach, for appellant.

Sheldon Rosenberg of Ress, Gomez, Rosenberg, Berke & Howland, North Miami, and Jerry B. Crockett and Joseph P. Klock, Jr., of Steel, Hector & Davis, Miami, for appellee.

Jim Smith, Atty. Gen., and Susan E. Mole, Asst. Atty. Gen., Tallahassee, for State of Fla., amicus curiae.

Donald T. Senterfitt and J. Thomas Cardwell of Akerman, Senterfitt & Eidson, Orlando, for Florida Bankers Ass'n, amicus curiae.

Kenneth C. Howell of Thompson, Wadsworth, Messer, Turner & Rhodes, Tallahassee, for The Florida Consumer Finance Ass'n, amicus curiae.


ALDERMAN, Justice.

This cause is before us for consideration of the following questions certified to us by the United States Court of Appeals for the Fifth Circuit pursuant to rule 4.61, Florida Appellate Rules:

1. Does Section 656.17(1), which sets the allowable interest rate for Morris Plan banks and industrial savings banks, violate Article III, Section 11(a)(9), Florida Constitution? 2. Do the special provisions of existing statutory law referred...

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