Lindgren v. Deutsche Bank National Trust Co.
Cases that cite this one
5 later published cases cite this decision.
- Ningbo Daye Garden Machinery Co, Ltd. v. International Global Resources Corp. d/b/a Global Retail Solutions (Fla. Dist. Ct. App. 2024)
- Estes v. Rodin (Fla. Dist. Ct. App. 2018)
- Houk v. PennyMac Corp. (Fla. Dist. Ct. App. 2017)
- Toyos v. Helm Bank, USA (Fla. Dist. Ct. App. 2016)
- Colon v. JP Morgan Chase Bank, NA (Fla. Dist. Ct. App. 2015)
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
We reverse the final summary judgment of foreclosure as appellant’s affirmative defenses were not conclusively refuted on the record. The trial court relied on the allegations in a verified complaint to refute the defenses. While a verified complaint may serve the same purpose as an affidavit for purposes of a summary judgment, the complaint’s allegations must meet the requirements of the rule governing supporting and opposing affidavits. See Ballinger v. Bay Gulf Credit Union, 51 So.3d 528, 529 (Fla. 2d DCA 2010). Florida Rule of Civil Procedure 1.510(e) requires that affidavits must be based on personal knowledge and shall “show affirmatively that the affiant is competent to testify to the matters stated therein.” A complaint based on “information and belief,” and not personal knowledge, is insufficient. Id. Here, the complaint was not based upon personal knowledge and was insufficient to meet the requirements of the rule.
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.