COLETTE GRAY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Haber v. Deutsche Bank Nat'l Tr. Co. For The Benefit Of The Certificate Holders For Argent Sec., Inc., 81 So. 3d 565 (Fla. 4th DCA 2012)
  …1213 (Fla. 4th DCA 2009) (citation omitted). In order to be entitled to summary judgment, a mortgagee must refute all of the affirmative defenses of the mortgagor or show that they are legally insufficient. Woodrum v. Wells Fargo Mortg. Bank, N.A., 73 So. 3d 873, 874 (Fla. 4th DCA 2011) (citing Frost v. Regions Bank, 15 So. 3d 905 (Fla. 4th DCA 2009)). Because the bank failed to show that it provided appellant with the requisite notice and opportunity to cure, it was not entitled to a final summary judgment…
• McCOLMAN v. Deutsche Bank Nat'l Tr. Co. In Tr. for the Benefit of the Certificateholders for Asset-Backed Pass-Through Certificates, 112 So. 3d 668 (Fla. 4th DCA 2013)
  …an answer being served where no default has been entered. In such circumstance, the plaintiff must go a step further, and conclusively demonstrate that there is no genuine issue of material fact. See, e.g., Woodrum v. Wells Fargo Mortg. Bank, N.A., 73 So. 3d 873 (Fla. 4th DCA 2011); Dominico v. Wells Fargo Bank N.A., 102 So. 3d 696 (Fla. 4th DCA 2012). Such law is well stated in Dominico where we reversed a summary judgment because the plaintiff failed to establish that “no answer which the defendant might…

Authorities Cited

• State v. Shaikh, 65 So. 3d 539 (Fla. 5th DCA 2011)