Florida District Courts of Appeal, 2001

Taylor v. First National Bank of Chicago

Florida District Courts of Appeal · Decided July 5, 2001 · Dell, Gross, Stevenson

789 So. 2d 480; 2001 Fla. App. LEXIS 9157; 2001 WL 747243 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Taylor v. First National Bank of Chicago (Fla. Dist. Ct. App. 2005)
Wallace v. State (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

DELL, STEVENSON, and GROSS, JJ., concur.

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