BANK OF AMERICA, N.A.
v.
WILLIAMS ISLAND PROPERTY OWNERS' ASSOCIATION, INC.
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A party seeking summary judgment in a foreclosure action must factually refute or establish the legal insufficiency of the opposing party's affirmative defenses; failure to do so requires reversal.
[1] In a mortgage foreclosure action, a party moving for summary judgment must factually refute or establish the legal insufficiency of affirmative defenses raised by the opp…
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Join FLexlaw to unlock all legal intelligenceBank of America filed a mortgage foreclosure action against Williams Island Property Owners' Association. Williams Island moved for final summary judg…
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Opinion filed January 13, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0381 Lower Tribunal No. 18-42598
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Bank of America, N.A.,
Appellant,
vs.
Williams Island Property Owners' Association Inc., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Liebler Gonzalez & Portuondo, and Mary J. Walter, for appellant. Sandler & Sandler, and Martin L. Sandler, for appellees. Before FERNANDEZ, LINDSEY, and BOKOR, JJ. PER CURIAM. Bank of America, N.A. (“BANA”) appeals a Second Amended Final Judgment in favor of Williams Island Property Owner’s Association, Inc. (“Williams Island”). The judgment was entered in a mortgage foreclosure action after the lower court granted Williams Island’s motion for final summary judgment. Because Williams Island failed to factually refute or disprove BANA’s affirmative defenses or failed to establish that they were insufficient as a matter of law, we reverse the Second Amended Final Judgment and remand for further proceedings. See Leal v. Deutsche Bank Nat’l Trust Co., 21 So. 3d 907, 909 (Fla. 3d DCA 2009). Reversed and remanded.
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Citator
Authorities Cited
- Eliezier Leal and Clara Leon v. Deutsche Bank Nat'l Tr. Co., 21 So. 3d 907 (Fla. 3d DCA 2009)