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Mathews v. Dime Sav. Bk. of New York

District Court of Appeal of Florida, Third District
Jun 2, 1987
507 So. 2d 1196 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-3016.

June 2, 1987.

Appeal from the Circuit Court, Monroe County, David P. Kirwan, J.

Bonner, Hogan Pearse and Richard L. Pearse, Jr. and Jeffrey Coleman, Clearwater, for appellants.

William P. McCaughan, Miami, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.


Where, in an action to foreclose a mortgage, there remains a material issue of fact which cannot be settled due to a question as to the competency and authority of the movant's affiant, see Montejo Investments, N.V. v. Green Co., 471 So.2d 158 (Fla. 3d DCA 1985), and the supporting affidavits did not disprove the affirmative defenses or establish the legal insufficiency of these defenses, O'Neal v. Brady, 476 So.2d 294 (Fla. 3d DCA 1985), it was error to enter summary judgment.

Reversed and remanded for further proceedings.


Summaries of

Mathews v. Dime Sav. Bk. of New York

District Court of Appeal of Florida, Third District
Jun 2, 1987
507 So. 2d 1196 (Fla. Dist. Ct. App. 1987)
Case details for

Mathews v. Dime Sav. Bk. of New York

Case Details

Full title:JIM W. MATHEWS AND WILLIAM H. MATHEWS, APPELLANTS, v. DIME SAVINGS BANK OF…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 2, 1987

Citations

507 So. 2d 1196 (Fla. Dist. Ct. App. 1987)

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