Mathews v. Dime Savings Bank of New York, FSB
Mathews v. Dime Savings Bank of New York, FSB
507 So. 2d 1196; 12 Fla. L. Weekly 1379; 1987 Fla. App. LEXIS 8546
(Southern Reporter, Second Series)
Mathews v. Dime Savings Bank of New York, FSB
Opinion of the Court
Where, in an action to foreclose a mortgage, there remains a material issue of fact which cannot be settled due to a question as to the competency and authority of the movant’s affiant, see Montejo Investments, N.V. v. Green Co., 471 So.2d 158 (Fla. 3d DCA 1985), and the supporting affidavits did not disprove the affirmative defenses or establish the legal insufficiency of these defenses, O’Neal v. Brady, 476 So.2d 294 (Fla. 3d DCA 1985), it was error to enter summary judgment.
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.