Florida District Courts of Appeal, 2014

Marisa Oliveira Almedia v. JP Morgan Chase Bank

Marisa Oliveira Almedia v. JP Morgan Chase Bank
Florida District Courts of Appeal · Decided September 17, 2014 · Warner, Gross, Gerber
149 So. 3d 116; 2014 Fla. App. LEXIS 14363; 2014 WL 4626848 (Southern Reporter, Third Series)

Marisa Oliveira Almedia v. JP Morgan Chase Bank

Opinion

On Confession of Error

PER CURIAM.

The defendant appeals from the circuit court’s final judgment of foreclosure following the court’s order granting the plaintiff’s motion for summary judgment. The defendant argues, among other things, that her affidavit in opposition to the motion for summary judgment created a genuine issue of material fact as to whether she was in default on her mortgage payments. The plaintiff concedes this argument has merit and that the court’s order granting summary judgment and final judgment of foreclosure should be reversed. We agree.

Reversed and remanded for further proceedings.

WARNER, GROSS and GERBER, JJ„ concur.

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