SUN BK. OF TAMPA BAY v. SPIGRIN PROP.

No. 83-2374.

469 So.2d 240 (1985)

SUN BANK OF TAMPA BAY, a Florida Banking Corporation, Appellant/Cross-Appellee, v. SPIGRIN PROPERTIES, LTD., a Limited Partnership, Ray Tamargo, Robert F. Carbonell, and Thomas A. Smith, Individually and As Its General Partners, and Spigrin, Inc., a Florida Corporation, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

May 29, 1985.


Attorney(s) appearing for the Case

Wm. Earle Tucker and R. Wade Wetherington of Gibbons, Tucker, Smith, Miller, Whatley & Stein, P.A., Tampa, for appellant/cross-appellee.

Tony Cunningham of Wagner, Cunningham, Vaughn & McLaughlin, P.A., Tampa, and Philip W. Dann, P.A., St. Petersburg, for appellees/cross-appellants.


GRIMES, Judge.

This is an appeal from a usury judgment directing the recovery of double interest pursuant to section 687.04, Florida Statutes (1973).

The following facts are pertinent to the disposition of the case. In 1974 Thomas Smith practiced law with an associate, Robert R. Carbonell. Prior to 1974, Smith had worked for a law firm that was general counsel for a bank, and 80% of his practice involved banking law. Smith, Carbonell, and a third lawyer named...

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