LYMON BELL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (21 total)

• Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013)
  …Chapter 13 debtor. The trial court denied Aery’s motion and entered a final judgment. Standard of Review “A circuit court’s order granting summary judgment is reviewed de novo.” Cong. Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So. 3d 602, 606 (Fla. 4th DCA 2013) (citing Sunshine State Ins. Co. v. Jones, 77 So. 3d 254, 257 (Fla. 4th DCA 2012)). “In reviewing a summary judgment, [the court] must consider all record evidence in a light most favorable to the non-moving party. If materia…
• Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019)
  …vey Building with approval); Landers v. Milton, 370 So. 2d 368, 370 (Fla. 1979) (same); Tank Tech, Inc. v. Valley Tank Testing, L.L.C., 244 So. 3d 383, 389 (Fla. 2d DCA 2018) (same); Cong. Park Office Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602, 610 (Fla. 4th DCA 2013) (same); Juarez v. New Branch Corp., 67 So. 3d 1159, 1160 (Fla. 3d DCA 2011) (same); Cassady v. Moore, 737 So. 2d 1174, 1178 (Fla. 1st DCA 1999) (same); Magma Trading Corp. v. Lintz, 727 So. 2d 377, 378 (Fla. 5th DCA 1999) (s…
• Ari Shahar and Daphna Shahar v. Green Tree Servicing LLC, 125 So. 3d 251 (Fla. 4th DCA 2013)
  …be asserted as an affirmative defense to a mortgage foreclosure action. See, e.g., Quality Roof Servs., Inc. v. Intervest Nat’l Bank, 21 So. 3d 883, 885 (Fla. 4th DCA 2009); cf. Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So. 3d 602 (Fla. 4th DCA 2013) (finding that an unclean hands affirmative defense in a mortgage foreclosure case was not pled with sufficient facts). This court has described unclean hands as follows: It is certainly beyond question that “one who comes into…