Connelly v. Glendale Federal Savings & Loan Ass'n

508 So. 2d 553, 12 Fla. L. Weekly 1504, 1987 Fla. App. LEXIS 8825

• Court: District Court of Appeal of Florida
• Decided: June 17, 1987
• Docket: No. 4-86-1947
• Status: Published

Opinions

GUNTHER, Judge.

We reverse the summary final judgment of foreclosure on the authority of Gutterman-Musicant-Kreitzman, Inc. v. I.G. Realty Company, 426 So.2d 1216 (Fla. 4th DCA 1983). At the hearing on the motion for summary judgment, the lender failed to meet its burden of demonstrating conclusively that the defendant, who was not yet required to file an answer, could not plead a genuine issue of material fact.

REVERSED.

HERSEY, C.J., concurs. LETTS, J., concurs specially with opinion.