Taylor v. First National Bank of Chicago
Florida District Courts of Appeal
Taylor v. First National Bank of Chicago, 789 So. 2d 480 (2001)
2001 Fla. App. LEXIS 9157; 2001 WL 747243
Dell, Gross, Stevenson
Taylor v. First National Bank of Chicago
Opinion of the Court
Rodney and Linda Taylor appeal from a final summary judgment of foreclosure entered in favor of appellee. We reverse.
Appellants argue, and we agree, that their affidavits filed in opposition to appel-lee’s motion for summary judgment raise a genuine issue of material fact as to the breach of the mortgage agreement and as to the amount due, if any, under the mortgage. Accordingly, we reverse the final summary judgment. On remand, appellants shall be granted leave to re-plead and present their affirmative defenses, if any.
REVERSED and REMANDED.
Reference
- Full Case Name
- Rodney B. TAYLOR and Linda L. Taylor, his wife, etc. v. FIRST NATIONAL BANK OF CHICAGO, trustee under that certain pooling and servicing agreement dated as of September 1, 1995, for RTC mortgage pass-through certificates, series 1995-2
- Cited By
- 2 cases
- Status
- Published