ASTRID RESTREPO,
v.
CREDIT SOLUTIONS INTERNATIONAL CO.,
PER CURIAM.
Affirmed. § 702.06, Fla. Stat. (2013) (stating, in part, that “[t]he complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment”); Capotosto v.
Fifth Third Bank, 230 So. 3d 891, 892 (Fla. 4th DCA 2017) (holding that a defendant cannot “raise an unpled affirmative defense as a basis for resisting a motion for summary judgment; stating that “[a] litigant cannot avoid summary judgment by merely asserting a fact without any evidence to support it”); Accurate Metal Finishing Corp. v. Carmel, 254 So. 2d 556, 557 (Fla. 3d DCA 1971) (“Affirmative defenses must be pleaded and it is not sufficient to sustain a defense to a summary judgment motion to allege such in affidavits.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Accurate Metal Finishing Corp. v. Carmel, 254 So. 2d 556 (Fla. 3d DCA 1971)
- Gerri Ann Capotosto v. Fifth Third Bank, 230 So. 3d 891 (Fla. 4th DCA 2017)