ROCKING CHAIR MOTEL, INC., ET AL., APPELLANTS,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, ETC., APPELLEE
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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.
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Greenberg v. Hall, 718 So. 2d 337 (Fla. 3d DCA 1998)…ranted. See Holl v. Talcott, 191 So. 2d 40, 43 (Fla.1966); Valk v. J.E.M. Distribs. of Tampa Bay, Inc., 700 So. 2d 416, 417 (Fla. 2d DCA 1997); Pic-Morris, Inc. v. Isfan, 683 So. 2d 676, 676-77 (Fla. 4th DCA 1996); Rocking Chair Motel, Inc. v. FDIC, 529 So. 2d 1277, 1277 (Fla. 5th DCA 1988). Moreover, the entry of summary judgment against Green-berg in his individual capacity pursuant to section 607.1421 was also error where the parties’ pleadings created an issue of fact as to whether the appellant corporate…
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Soard v. State, 531 So. 2d 248 (Fla. 5th DCA 1988)…Court in Primm v. State, 524 So. 2d 475 (Fla. 2d DCA 1988), under Hankey and VanKooten, the sentence in this case constitutes a departure sentence. See also the dissents in Williams v. State, 528 So. 2d 453 (Fla. 5th DCA 1988) and Jackson v. State, 529 So. 2d 1277 (Fla. 5th DCA 1988). In order to accomplish an equal application of the law, this court should express its direct conflict with Primm, VanKoo-ten, and Hankey, and certify as a question of great public interest whether: WHEN THE RECOMMENDED GUIDE…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- O'Connell v. Walt Disney World Co., 413 So. 2d 444 (Fla. 5th DCA 1982)
- Lynch v. Adel D. Tennyson, 443 So. 2d 1017 (Fla. 5th DCA 1983)
- Thompson v. Citizens Nat'l Bank OF Leesburg, 433 So. 2d 32 (Fla. 5th DCA 1983)