Taylor v. First National Bank of Chicago

District Court of Appeal of Florida

Taylor v. First National Bank of Chicago

789 So. 2d 480, 2001 Fla. App. LEXIS 9157, 2001 WL 747243

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 2001

DocketNo. 4D00-197

StatusPublished

Cited by2 cases

This text of 789 So. 2d 480 (Taylor v. First National Bank of Chicago) 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.

Bluebook

Taylor v. First National Bank of Chicago, 789 So. 2d 480, 2001 Fla. App. LEXIS 9157, 2001 WL 747243 (Fla. Ct. App. 2001).

Pincite

Opinion

PER CURIAM.

Rodney and Linda Taylor appeal from a final summary judgment of foreclosure entered in favor of appellee. We reverse.

Appellants argue, and we agree, that their affidavits filed in opposition to appel-lee’s motion for summary judgment raise a genuine issue of material fact as to the breach of the mortgage agreement and as to the amount due, if any, under the mortgage. Accordingly, we reverse the final summary judgment. On remand, appellants shall be granted leave to re-plead and present their affirmative defenses, if any.

REVERSED and REMANDED.

DELL, STEVENSON, and GROSS, JJ., concur.

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