Rodriguez v. Fleet Finance & Mortgage, Inc.

District Court of Appeal of Florida

Rodriguez v. Fleet Finance & Mortgage, Inc.

708 So. 2d 982, 1998 Fla. App. LEXIS 2827, 1998 WL 267928

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1998

DocketNo. 97-00939

StatusPublished

This text of 708 So. 2d 982 (Rodriguez v. Fleet Finance & Mortgage, Inc.) 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.

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Rodriguez v. Fleet Finance & Mortgage, Inc., 708 So. 2d 982, 1998 Fla. App. LEXIS 2827, 1998 WL 267928 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Jose F. Rodriguez and Billie Sexton, his wife, appeal the trial court’s summary judgment of foreclosure entered in favor of Fleet Finance & Mortgage, Inc. Rodriguez and Sexton argue that the trial court erred in granting summary judgment because they raised an estoppel defense that was not conclusively refuted by any affidavit or deposition. We agree. See Pennco, Inc. v. American General Home Equity, Inc., 629 So.2d 307 (Fla. 2d DCA1993).

Reversed and remanded for further proceedings consistent with this opinion.

FRANK, A.C.J., BLUE, J., and DEMERS, DAVID A., Associate Judge, concur.

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PER CURIAM.

Jose F. Rodriguez and Billie Sexton, his wife, appeal the trial court’s summary judgment of foreclosure entered in favor of Fleet Finance & Mortgage, Inc. Rodriguez and Sexton argue that the trial court erred in granting summary judgment because they raised an estoppel defense that was not conclusively refuted by any affidavit or deposition. We agree. See Pennco, Inc. v. American General Home Equity, Inc., 629 So.2d 307 (Fla. 2d DCA1993).

Reversed and remanded for further proceedings consistent with this opinion.

FRANK, A.C.J., BLUE, J., and DEMERS, DAVID A., Associate Judge, concur.

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708 So. 2d 982, 1998 Fla. App. LEXIS 2827, 1998 WL 267928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-fleet-finance-mortgage-inc-fladistctapp-1998.

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