DWON KIMBLE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (30 total)

• Guiseppe Servedio v. US Bank Nat'l Ass'n, 46 So. 3d 1105 (Fla. 4th DCA 2010)
  …facts must be “so crystallized that nothing remains but questions of law.” Moore v. Morris, 475 So. 2d 666, 668 (Fla.1985.) The moving party bears the burden of showing the complete absence of genuine issues of material fact. Frost v. Regions Bank, 15 So. 3d 905, 906 (Fla. 4th DCA 2009). Moreover, the “party moving for summary judgment must factually refute or disprove the affirmative defenses raised, or establish that the defenses are insufficient as a matter of law.” 770 PPR, LLC v. TJCV Land Trust, 30 So…
• Bryson v. Branch Banking & Tr. Co., 75 So. 3d 783 (Fla. 2d DCA 2011)
  …688 (Fla. 5th DCA 1996)). Where a defendant pleads affirmative defenses, the plaintiff moving for summary judgment must either factually refute the affirmative defenses by affidavit or establish their legal insufficiency. See Frost v. Regions Bank, 15 So. 3d 905, 906 (Fla. 4th DCA 2009); Newton v. Overseas Private Inv. Corp., 544 So. 2d 224, 225 (Fla. 3d DCA 1989). In numerous foreclosure cases summary judgment has been reversed because the defendant has pleaded lack of notice and opportunity to cure as an…
• Rigby v. Wells Fargo Bank, 84 So. 3d 1195 (Fla. 4th DCA 2012)
  …an affidavit wherein the affiant swore that Bank was holder and owner of the mortgage. Based [*1196] on this record, the trial court entered summary judgment. A trial court’s entry of summary judgment is reviewed de novo. See Frost v. Regions Bank, 15 So. 3d 905, 906 (Fla. 4th DCA 2009). The Bank failed to establish that it had standing to foreclosure upon the note. “A crucial element in any mortgage foreclosure proceeding is that the party seeking foreclosure must demonstrate that it has standing to fore…

Authorities Cited

• Rodriguez v. State, 826 So. 2d 464 (Fla. 3d DCA 2002)