Rocking Chair Motel, Inc. v. Federal Deposit Insurance Corp.

District Court of Appeal of Florida

Rocking Chair Motel, Inc. v. Federal Deposit Insurance Corp.

529 So. 2d 1277, 13 Fla. L. Weekly 1985, 1988 Fla. App. LEXIS 3754, 1988 WL 86871

District Court of Appeal of Florida·Decided August 25, 1988·No. No. 87-2372·Published·Cited by 1 cases

Opinion

SHARP, Chief Judge.

We reverse the final summary judgment of foreclosure in favor of Federal Deposit Insurance Corporation, etc., because the affidavit filed in this case opposing summary judgment created a factual dispute as to payment and failure of consideration of the mortgage debt, and possibly set-off rights based on unauthorized taking of the mortgagor’s funds. The charges (artfully pled in the affidavit) are serious, and we at this point in the procedings must take them as true. See,, e.g., Moore v. Morris, 475 So.2d 666 (Fla. 1985); Lynch v. Tennyson, 443 So.2d 1017 (Fla. 5th DCA 1983); Thompson v. Citizens National Bank of Leesburg, Florida, 433 So.2d 32, 33 (Fla. 5th DCA 1983); O’Connell v. Walt Disney World Company, 413 So.2d 444 (Fla. 5th DCA 1982).

REVERSED.

DAUKSCH and DANIEL, JJ., concur.

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SHARP, Chief Judge.

We reverse the final summary judgment of foreclosure in favor of Federal Deposit Insurance Corporation, etc., because the affidavit filed in this case opposing summary judgment created a factual dispute as to payment and failure of consideration of the mortgage debt, and possibly set-off rights based on unauthorized taking of the mortgagor’s funds. The charges (artfully pled in the affidavit) are serious, and we at this point in the procedings must take them as true. See,, e.g., Moore v. Morris, 475 So.2d 666 (Fla. 1985); Lynch v. Tennyson, 443 So.2d 1017 (Fla. 5th DCA 1983); Thompson v. Citizens National Bank of Leesburg, Florida, 433 So.2d 32, 33 (Fla. 5th DCA 1983); O’Connell v. Walt Disney World Company, 413 So.2d 444 (Fla. 5th DCA 1982).

REVERSED.

DAUKSCH and DANIEL, JJ., concur.

Rocking Chair Motel, Inc. v. Federal Deposit Insurance Corp., 529 So. 2d 1277, 13 Fla. L. Weekly 1985, 1988 Fla. App. LEXIS 3754, 1988 WL 86871 (Fla. Ct. App. 1988).

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Opinion

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