PENNCO, INC., A FLORIDA CORPORATION, APPELLANT,
v.
MERITOR SAVINGS, F.A., F/K/A FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WINTER HAVEN, APPELLEE

Fla. 2d DCA | 1993-04-02
No. 92-03031
HALL, A.C.J., and PATTERSON, J., concur.
617 So. 2d 739 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 3 cases
Topics
Mortgage Foreclosure Genuine Issue Of Material Fact Summary Judgment Standard Summary Judgment

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Opinion of the Court
BLUE, Judge.

BLUE, Judge.

The appellant challenges the court’s order granting summary final judgment in this mortgage foreclosure action. A review of the record reveals genuine issues of fact remain whether payments were made on the mortgage and whether the evidence establishes the legal insufficiency of the affirmative defenses asserted. Accordingly, we reverse the order granting summary judgment and remand for further proceedings consistent with this opinion. Brooks v. Brooks, 454 So. 2d 804 (Fla. 2d DCA 1984); Howdeshell v. First Nat’l Bank of Clearwater, 369 So. 2d 432 (Fla. 2d DCA 1979).

Historically, parties have pursued mortgage foreclosures in summary judgment proceedings through the presentation of affidavits. However, if the record reflects the existence of any issue of material fact, or the possibility of any issue, or if the record raises even the slightest doubt that an issue might exist, summary judgment is improper. Gomes v. Stevens, 548 So. 2d 1163 (Fla. 2d DCA 1989). We encourage attorneys to carefully review their causes to determine whether presenting the evidence at a hearing would be more appropriate than moving for summary judgment.

Reversed and remanded.

HALL, A.C.J., and PATTERSON, J., concur.

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  • Toro v. State, 642 So. 2d 78 (Fla. 5th DCA 1994)
    …28 (Fla. 1993). . Flanagan, 586 at 1109 n. 19. . Robert F. Blomquist, The Dangers of General Observations on Expert Scientific Testimony: A Comment on Daubert v. Merrell Dow Pharmaceuticals, Inc., 82 Ky.L.J. 703 (1993-94). . See State v. Malamey, 617 So. 2d 739, 741-42 (Fla. 4th DCA 1993) (Dimitrouleas, W., Associate J., concurring and dissenting). .An example of how such an analysis would be made can be found in Vargas v. State, 640 So. 2d 1139 (Fla. 1st DCA 1994).…
  • Rem-Con Commc'ns, Inc. v. United Am. Bank OF Memphis, 668 So. 2d 320 (Fla. 2d DCA 1996)
    …nder the note for the interest payments which were due for the first three months of 1992. UAB did not refute this evidence. The issue of payment is a material and disputed fact which made summary judgment improper. See Pennco, Inc. v. Meritor Sav., 617 So. 2d 739 (Fla. 2d DCA 1993). Further, there is a factual question of whether UAB had a good-faith belief that the collateral for the loan was impaired. We, therefore, reverse the summary final judgment as to UAB’s complaint and Rem-Con’s counterclaim. Rever…

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