HELPING HAND PRIVATE FOUNDATION, INC., APPELLANT,
v.
OCEAN PALMS BEACH CLUB, INC., APPELLEE
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The court reversed summary judgment in a lien foreclosure action because the moving party failed to meet its burden of disproving or establishing the legal insufficiency of the defendant's affirmative defenses.
Summary judgment cannot be granted in a lien foreclosure action when the moving party relies solely on conclusory affidavit evidence and fails to disprove or establish the legal insufficiency of the defendant's affirmative defenses.
[1] When affirmative defenses are raised in a summary judgment motion, the moving party bears the burden of either disproving the defenses or establishing their legal insuffi…
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Join FLexlaw to unlock all legal intelligenceOcean Palms Beach Club filed a lien foreclosure action against Helping Hand Private Foundation. Ocean Palms moved for summary judgment based on an aff…
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Helping Hand Private Foundation appeals from a summary final judgment entered in a lien foreclosure action filed by Ocean Palms Beach Club. We reverse.
Summary judgment cannot be granted unless the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, conclusively show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fla. R. Civ. P. 1.510(c); Alejandre v. Deutsche Bank Trust Co. Americas, 44 So.3d 1288, 1289 (Fla. 4th DCA 2010). Where, as in the instant case, affirmative defenses are raised, the movant has the burden of either disproving them or establishing their legal insufficiency. See O’Brien v. Fed. Trust Bank, F.S.B., 727 So.2d 296, 298 (Fla. 5th DCA 1999); Fla. Dep’t of Agric. v. Go Bungee, Inc., 678 So.2d 920, 921 (Fla. 5th DCA 1996). Here, Ocean Palms did neither. The sole sum*202mary judgment evidence relied upon by Ocean Palms was an affidavit executed by its president, Edward Polonsky. The affidavit’s conclusory recitation of the amount of monies due and owing on the filed liens was insufficient to refute Helping Hand’s asserted defenses. See Frost v. Regions Bank, 15 So.3d 905 (Fla. 4th DCA 2009).
REVERSED and REMANDED.
TORPY, LAWSON and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Helping Hand Private Found., Inc. v. Ocean Palms Beach Club, Inc., 77 So. 3d 896 (Fla. 5th DCA 2012)
Authorities Cited
- Frost v. Regions Bank, 15 So. 3d 905 (Fla. 4th DCA 2009)
- Alejandre v. Deutsche Bank Tr. Co. Americas, 44 So. 3d 1288 (Fla. 4th DCA 2010)
- Dwon Kimble v. State, 15 So. 3d 905 (Fla. 3d DCA 2009)
- O'Brien v. Fed. Tr. Bank, 727 So. 2d 296 (Fla. 5th DCA 1999)
- Fla. Dep't OF Agric. v. GO Bungee, Inc., 678 So. 2d 920 (Fla. 5th DCA 1996)