Monday, March 1, 1999
George R. Caple vs Tuttle's Design-Build, Inc.
No. 93,549
Place of Origin
Dade County
Facts
Caple owned a large ornamental plant nursery in Homestead. In 1996, he sold it to Tuttle's for $17 million. Tuttle's later defaulted on its mortgage and notes in the amount of nearly $7 million, and Caple foreclosed. The trial court ordered Tuttle's to continue making interest payments on its debts pursuant to a Florida statute. Tuttle's took the case to the Third District Court, arguing that the statute was unconstitutional. The Third District agreed.