BRIER
v.
DEUTSCHE BANK NAT'L TRUST CO.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Fourth District Court of Appeal of Florida reversed a summary judgment in a mortgage foreclosure case. The appellate court agreed with the appellee's confession of error, acknowledging that the trial court improperly granted summary judgment without adequately addressing the appellant's affirmative defenses.
Yes, the trial court erred in granting summary judgment. The bank confessed error, admitting that summary judgment was improperly granted without addressing the appellant's affirmative defenses.
[1] A summary judgment in a mortgage foreclosure case is precluded if the affirmative defenses raised are not factually refuted or shown to be legally insufficient.
[2] A confession of error by an appellee in a mortgage foreclosure case warrants reversal of a summary judgment and remand to vacate the final judgment.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“in mortgage foreclosure cases, summary judgment is precluded if affirmative defenses are not factually refuted or shown to be legally insufficient.”
Establishes the standard for granting summary judgment when affirmative defenses are raised in foreclosure cases.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDeutsche Bank filed a mortgage foreclosure complaint against Seth S. Brier. Brier filed an answer with eleven affirmative defenses. The trial court st…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Resignation Pending Disciplinary Proceedings cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
SETH S. BRIER,
Appellant,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR BCAP LLC TRUST 2007-AA2, AGRI SALES USA, INC., ATLAS PEAT & SOIL, INC., CEMEX, INC., HAMBLIN VILLAGE HOMEOWNERS ASSOCIATION, INC., OLYMPIA MASTER ASSOCIATION, INC., PALM BEACH NEWSPAPERS, INC., and WOOD MULCH PRODUCTS, INC.
Appellees.
No. 4D17-2934
[February 7, 2018]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard H. Harrison, Judge; L.T. Case No. 50-2016-CA- 001600-XXXX-MB.
Henry B. Handler and David K. Friedman of Weiss, Handler & Cornwell, P.A., Boca Raton, for appellant.
Sara F. Holladay-Tobias, Emily Y. Rottmann, and C.H. Houston III of McGuireWoods LLP, Jacksonville, for Deutsche Bank National Trust Company, as Trustee for BCAP LLC Trust 2007-AA2.
ON CONFESSION OF ERROR PER CURIAM. Appellee Deutsche Bank filed a complaint to foreclose on a mortgage. Appellant responded with an answer and eleven affirmative defenses, two of which were later stricken. The bank moved for summary judgment, addressing appellant’s remaining affirmative defenses only by generally claiming they lacked factual and legal support and were not pled with specificity. The trial court granted the bank’s motion. The bank has confessed error, stipulating that final summary judgment should be reversed. See Seale v. Regions Bank, 121 So. 3d 649, 650 (Fla. 4th DCA 2013) (“[I]n mortgage foreclosure cases, summary judgment is precluded if affirmative defenses are not factually refuted or shown to be legally
2
insufficient.”). As such, we reverse and remand with instructions for the trial court to vacate the final judgment of foreclosure. Reversed and remanded with instructions. GERBER, C.J., WARNER and LEVINE, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.