Lindgren v. Deutsche Bank National Trust Co.
This text of 115 So. 3d 1076 (Lindgren v. Deutsche Bank National Trust Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We reverse the final summary judgment of foreclosure as appellant’s affirmative defenses were not conclusively refuted on the record. The trial court relied on the allegations in a verified complaint to refute the defenses. While a verified complaint may serve the same purpose as an affidavit for purposes of a summary judgment, the complaint’s allegations must meet the requirements of the rule governing supporting and opposing affidavits. See Ballinger v. Bay Gulf Credit Union, 51 So.3d 528, 529 (Fla. 2d DCA 2010). Florida Rule of Civil Procedure 1.510(e) requires that affidavits must be based on personal knowledge and shall “show affirmatively that the affiant is competent to testify to the matters stated therein.” A complaint based on “information and belief,” and not personal knowledge, is insufficient. Id. Here, the complaint was not based upon personal knowledge and was insufficient to meet the requirements of the rule.
Reversed and remanded for further proceedings.
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Cite This Page — Counsel Stack
115 So. 3d 1076, 2013 WL 3014082, 2013 Fla. App. LEXIS 9623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindgren-v-deutsche-bank-national-trust-co-fladistctapp-2013.