CUNNINGHAM v. M.D. KOON

Nos. 4D99-2322, 4D99-3773.

762 So.2d 572 (2000)

T.J. CUNNINGHAM, Appellant/Cross-Appellee, v. M.D. KOON, and Howard Miller, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 8, 2000.


Attorney(s) appearing for the Case

Jacob A. Rose of The Rose Law Firm, P.A., and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellant/cross-appellee.

Mark M. Carroll of Law Offices of James Gilmour, Miami, for appellees/cross-appellants.


PER CURIAM.

Appellant was sued for legal malpractice. Only one point raised by appellant has merit. Central to the plaintiff's theory was that appellant drafted a note which violated the criminal usury statute, section 687.071, Florida Statutes (1999). Whether the transaction was criminally usurious was a question of fact to be decided by the jury. The charge to the jury on criminal usury was deficient, in that it allowed a finding of criminal usury if the plaintiff...

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