JANICE RUBBO LINDGREN, APPELLANT,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, APPELLEE

Fla. 4th DCA | 2013-06-19
No. 4D12-2568
WARNER, DAMOORGIAN and CONNER, JJ., concur.
115 So. 3d 1076 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 14 cases
Topics
Verified Complaint As Affidavit Verified Complaint Personal Knowledge Requirement For Affidavits Personal Knowledge Requirement

Explore caselaw by topic → Browse Verified Complaint As Affidavit cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the final summary judgment of foreclosure as appellant’s affirmative defenses were not conclusively refuted on the record. The trial court relied on the allegations in a verified complaint to refute the defenses. While a verified complaint may serve the same purpose as an affidavit for purposes of a summary judgment, the complaint’s allegations must meet the requirements of the rule governing supporting and opposing affidavits. See Ballinger v. Bay Gulf Credit Union, 51 So.3d 528, 529 (Fla. 2d DCA 2010). Florida Rule of Civil Procedure 1.510(e) requires that affidavits must be based on personal knowledge and shall “show affirmatively that the affiant is competent to testify to the matters stated therein.” A complaint based on “information and belief,” and not personal knowledge, is insufficient. Id. Here, the complaint was not based upon personal knowledge and was insufficient to meet the requirements of the rule.

Reversed and remanded for further proceedings.

WARNER, DAMOORGIAN and CONNER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lane A. Houk v. Pennymac Corp., 210 So. 3d 726 (Fla. 2d DCA 2017)
    …t cannot consider the verified complaint as a basis for the entry of summary judgment. See Ballinger, 51 So. 3d at 530; Colon v. JP Morgan Chase Bank, N.A., 162 So. 3d.195, 199 (Fla. 5th DCA 2015); see also Lindgren v. Deutsche Bank Nat’l Trust Co., 115 So. 3d 1076, 1076 (Fla. 4th DCA 2013) (finding a verification based on “information and belief’ to be insufficient for purposes, of summary judgment). Second, the allegations of the second amended complaint regarding PennyMac’s standing to enforce the note wer…
  • Cristobal Colon v. JP Morgan Chase Bank, NA, 162 So. 3d 195 (Fla. 5th DCA 2015)
    …ank’s verified complaint was insufficient to prove that it complied with paragraph 22 of the mortgage because it did not satisfy the requirements of Florida Rule of Civil Procedure 1.510(e). As stated in Lindgren v. Deutsche Bank National Trust Co., 115 So. 3d 1076 (Fla. 4th DCA 2013): While a verified complaint may serve the same purpose as an affidavit for purposes of a summary judgment, the complaint’s allegations must meet the requirements of the rule governing, supporting and opposing affidavits. See Bal…
  • Estes v. Rodin, 259 So. 3d 183 (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 intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw