Gonzalez v. Onewest Bank, FSB

2016 Fla. App. LEXIS 17578 · District Court of Appeal of Florida · Nov 23, 2016

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Lazaro GONZALEZ and Arais Alonso, Husband and Wife v. ONEWEST BANK, FSB, Successor in interest to IndyMac Bank, FSB Mortgage Electronic Registration Systems, Inc., acting solely as Nominee for IndyMac Bank, F.S.B., a federally chartered Savings Bank Unknown Tenant(s) if the above are alive and if one or more of said are dead, their Unknown Spouses, Heirs, Devisees, Grantees, Personal Representatives, Creditors and all other Parties claiming by, through or against them and all Parties having or claiming to have any right, title or interest in the Property described in the Complaint

PER CURIAM. We affirm the final judgment in all respects except one. We remand to the circuit court for a new trial on the interest rate to which the appellee bank is entitled. See Salauddin v. Bank of Am., N.A., 150 So.3d 1189 (Fla. 4th DCA 2014). Because the note required recalculation of interest on change dates, calculation of the interest amount was not a simple ministerial function. There was no testimony about the relevant LIBOR Index on any change date; the only competent evidence as to the interest charged after the first change date is that it was somewhere between 2.75% and 11.875%. Affirmed in part, reversed in part and remanded. CIKLIN, C.J., WARNER and GROSS, JJ., concur.