Florida District Courts of Appeal, 1988

Rocking Chair Motel, Inc. v. Federal Deposit Insurance Corp.

Rocking Chair Motel, Inc. v. Federal Deposit Insurance Corp.
Florida District Courts of Appeal · Decided August 25, 1988 · Daniel, Dauksch, Sharp
529 So. 2d 1277; 13 Fla. L. Weekly 1985; 1988 Fla. App. LEXIS 3754; 1988 WL 86871 (Southern Reporter, Second Series)

Rocking Chair Motel, Inc. v. Federal Deposit Insurance Corp.

Opinion of the Court

SHARP, Chief Judge.

We reverse the final summary judgment of foreclosure in favor of Federal Deposit Insurance Corporation, etc., because the affidavit filed in this case opposing summary judgment created a factual dispute as to payment and failure of consideration of the mortgage debt, and possibly set-off rights based on unauthorized taking of the mortgagor’s funds. The charges (artfully pled in the affidavit) are serious, and we at this point in the procedings must take them as true. See,, e.g., Moore v. Morris, 475 So.2d 666 (Fla. 1985); Lynch v. Tennyson, 443 So.2d 1017 (Fla. 5th DCA 1983); Thompson v. Citizens National Bank of Leesburg, Florida, 433 So.2d 32, 33 (Fla. 5th DCA 1983); O’Connell v. Walt Disney World Company, 413 So.2d 444 (Fla. 5th DCA 1982).

REVERSED.

DAUKSCH and DANIEL, JJ., concur.

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