CARLOS A. VALDERRAMA AND LEONOR I. VALDERRAMA, APPELLANTS,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, APPELLEE
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The court affirmed summary judgment for a debt collector where the debtor's conclusory affidavit denying the debt failed to create a genuine issue of material fact.
A conclusory affidavit denying indebtedness without factual support does not create a genuine issue of material fact sufficient to defeat summary judgment when the creditor has presented competent evidence of the debt.
[1] A conclusory affidavit that merely denies indebtedness without supporting factual allegations does not create a genuine issue of material fact to defeat summary judgment…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A movant for summary judgment has the initial burden of demonstrating the nonexistence of any genuine issue of material fact. But once he tenders competent evidence to support his motion, the opposing party must come forward with counterevidence sufficient to reveal a genuine issue.”
Court explaining the burden-shifting framework for summary judgment motions under Florida law.
Portfolio Recovery Associates, as assignee of a debt, sued Carlos and Leonor Valderrama for $17,243.44. Portfolio supported its summary judgment motio…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Appellee, Portfolio Recovery Associates, LLC (“Portfolio”), filed this action against appellants, Carlos A. Valderrama and Leonor I. Valderrama, as an owner and holder of a debt assigned from the original lender. After appellants filed their answer and affirmative defenses to the complaint, Portfolio filed a motion for summary judgment. In support of its position, Portfolio filed an affidavit attesting to appellants’ debt in the amount of $17,243.44 which was owed to Portfolio as assignor of the debt.
Carlos Valderrama then filed a con-clusory affidavit (the “Appellants’ Affidavit”) on behalf of both appellants, but sworn only by him, which stated they have no agreement with Portfolio and were not indebted to Portfolio.
The circuit court ultimately granted Portfolio’s motion and entered a final summary judgment against the defendants. We agree that the Appellants’ Affidavit raises no issues of material fact. “A movant for summary judgment has the initial burden of demonstrating the nonexistence of any genuine issue of material fact. But once he tenders competent evidence to support his motion, the opposing party must come forward with counterevi-dence sufficient to reveal a genuine issue.” Landers v. Milton, 370 So. 2d 368, 370 (Fla.1979). Given that the defendants have raised no genuine issues of material fact, summary judgment was proper. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Justa Patricia Delgado v. Laundromax, Inc., 65 So. 3d 1087 (Fla. 3d DCA 2011)…stence of any genuine issue of material fact,” and once Laudromax provides competent evidence to make that showing, Delgado “must come forward with counterevidence sufficient to reveal a genuine issue.” Valderrama v. Portfolio Recovery Assocs., LLC, 972 So. 2d 239, 239 (Fla. 3d DCA 2007); see also Dempsey v. Law Firm of Cauthen & Odham, P.A., 781 So. 2d 1141, 1143 (Fla. 5th DCA 2001). The opposing party, Delgado, may meet her burden “through facts or justifiable inferences from facts presented to the trial co…
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Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974 (Fla. 3d DCA 2017)…y material fact.” Arce v. Wackenhut Corp., 40 So. 3d 813, 815 (Fla. 3d DCA 2010). The movant bears the initial burden of demonstrating the nonexistence of any genuine issue of material fact. Id. (citing Valderrama v. Portfolio Recovery Assocs., LLC, 972 So. 2d 239 (Fla. 3d DCA 2007)). “Once competent evidence to support the motion has been tendered, the opposing party must come forward with admissible counter-evidence sufficient to reveal a genuine issue of material fact.” Arce, 40 So. 3d at 815 (emphasis in…
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Gidwani v. Roberts, 248 So. 3d 203 (Fla. 3d DCA 2018)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)