ELENA TEMNIKOVA v. EASTERN FINANCIAL MORTGAGE CORPORATION

Third District Court of Appeal
State of Florida
Opinion filed September 1, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-759
Lower Tribunal No. 20-6626
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Elena Temnikova, et al.,
Appellants,
vs.
Eastern Financial Mortgage Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alan Fine,
Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellants.
Wells & Wells, P.A., and Diane N. Wells; Kula & Associates, P.A., and
Elliot B. Kula, W. Aaron Daniel and William D. Mueller, for appellee.
Before EMAS, SCALES and LOBREE, JJ.
PER CURIAM.
Upon our de novo review1 of the trial court’s Final Judgment of
Foreclosure, we conclude that the trial court did not err in its determination
that the subject notes and the subsequent default rate interest are not
usurious. World O World Corp. v. Patino, 306 So. 3d 1044, 1046 (Fla. 3d
DCA 2020) (“It is well-settled that the determination of whether a transaction
is either civilly or criminally usurious is made at the inception of the loan. . . .
The note provides for a legal rate of interest and there is a contractual
limitation agreed to by the parties, which applies in the event of default, to
the maximum interest allowed by law.”); see Jersey Palm-Gross, Inc. v.
Paper, 658 So. 2d 531, 535 (Fla. 1995) (recognizing that a promissory note’s
savings clause, though not dispositive in absolving a lender, is one factor in
considering usurious intent). We also conclude that the trial court did not
abuse its discretion by denying appellants’ motion for continuance. See Tr.
Real Estate Ventures, LLC v. Desnick, 278 So. 3d 242, 242-43 (Fla. 3d DCA
2019); Carbonell v. BellSouth Telecomms., Inc., 675 So. 2d 705, 706 (Fla.
3d DCA 1996) (“A party seeking a continuance [of a summary judgment
hearing] bears the burden of showing, by affidavit, the existence and
availability of other evidence, its relevance, the efforts taken to produce it,
1
See Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126,
130 (Fla. 2000).
2
and that any failure to do so is not the result of the movant’s inexcusable
delay.”).
Affirmed.
3