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NorVergence Ruling Appealed by Florida A.G.
Florida Attorney General Charles “Charlie” J. Crist, Jr.,(above) who was the first Republican to announce formally his intention to replace Gov. Jeb Bush, who is limited to two terms, lost no time in filing an appeal June 3, Friday, regarding State of Florida Tallahassee Circuit Judge Russell A. Cole Jr., rejection of his office's lawsuit that had accused twelve leasing companies and banks of violating the Florida Deceptive and Unfair Trade Practices Act by purchasing NorVergence lease contracts. Judge Cole ruled that the three clauses attacked by the attorney general's office were specifically authorized by the laws of the State of Florida and therefore not unconscionable or contrary to public policy. His Court also ruled that because the defendants are regulated by federal and state agencies, and he found Florida's unfair trade practices law does not apply to them. The Court found the equipment leases in question were not consumer leases. The laws of various states vary as to what is a “consumer” or “commercial” transaction. Many states have various laws regarding this. Some have cross over situations when involving telecommunication equipment, where others consider a “personal guarantee” under consumer law jurisdiction or when the sales of a company are below a certain dollar point. Judge Cole had ruled the opinion as with prejudice, meaning in legal jargon, it could not be appealed by his court. Obviously it means the next step is a higher court's opinion on the ruling. The issue seems to have become more of a “political” ruling than a “legal” judgment. It may wind all the way up to the U.S. Supreme Court. Or as the famous baseball catcher Yogi Berra observed, “ It's deja vu all over again.” Here is a copy of the appeal: If you are not familiar with the original ruling: |
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