BLUEWATER INC v. CENTER STREET LENDING FUND IV SPE LLC (2018)

District Court of Appeal of Florida, Fourth District.

BLUEWATER, INC. and Anthony Scott Walker, Appellants, v. CENTER STREET LENDING FUND IV SPE, LLC, Appellee.

No. 4D18-3152

Decided: November 21, 2018

Gary Barcus, Pembroke Pines, for appellants. No appearance for appellee.

We summarily affirm the trial court's order requiring sequestration of rents under section 697.07(4), Florida Statutes (2018). The statute allows sequestration of rents ‘notwithstanding any asserted defenses or counterclaims of the mortgagor.’ Id. (emphasis supplied). “In ruling on a motion to sequester rents, a court should refrain from conclusively ruling on affirmative defenses.” Tidewater Estates Co-Op, Inc. v. U.S. Bank Nat. Ass'n, 83 So.3d 912 (Fla. 4th DCA 2012). Usury is an affirmative defense. Cerrito v. Kovitch, 423 So.2d 1008, 1010 (Fla. 4th DCA 1982), approved, 457 So.2d 1021 (Fla. 1984). The trial court did not abuse its discretion.

Affirmed.

Per Curiam.

Gerber, C.J., Warner and Conner, JJ., concur.

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