VICTORIA E. BRIEANT v. AJAX MORTGAGE LOAN TRUST 2019-E, etc.

• Court: District Court of Appeal of Florida
• Decided: May 3, 2023
• Docket: 22-0339
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 3, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-339 Lower Tribunal No. 20-16844 ________________

Victoria E. Brieant, Appellant,

vs.

Ajax Mortgage Loan Trust 2019-E, etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.

Jacobs Legal, PLLC, and Bruce Jacobs, for appellant.

Lamchick Law Group, P.A., and Ronald Pereira, for appellee.

Before FERNANDEZ, C.J., and SCALES and BOKOR, JJ.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d

1150, 1152 (Fla. 1979) (affirming where “the record brought forward by the appellant is inadequate to demonstrate reversible error”); Simmons v. Pub.

Health Tr. of Miami‐Dade Cnty., 338 So. 3d 1057, 1061 (Fla. 3d DCA 2022)

(recognizing that Florida Rule of Appellate Procedure 1.510(a) does not

require the trial court to state its reasons for granting or denying a summary

judgment motion in a written order; rather, the trial court may orally state its

reasons at the summary judgment hearing); Chowdhury v. BankUnited, N.A.,

3D22-378, 2023 WL 2777484, at *1 n.2 (Fla. 3d DCA Apr. 5, 2023) (“[T]o the

extent that [defendant] relied on an affirmative defense to [plaintiff’s] claim,

[defendant] bore the burden of showing that the affirmative defense was

applicable and, therefore, precluded entry of summary judgment. Only upon

[defendant’s] showing that an affirmative defense was applicable did the

burden then shift back to [plaintiff] regarding that affirmative defense.”)

(citation omitted); Cong. Park Office Condos II, LLC v. First‐Citizens Bank &

Tr. Co., 105 So. 3d 602, 608 (Fla. 4th DCA 2013) (“A trial court does not

abuse its discretion in granting a motion for summary judgment, despite the

pendency of discovery, where the non‐moving party has failed to act

diligently in taking advantage of discovery opportunities.”).