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GICK v. WELLS FARGO BANK, N.A.

No. 5D10-1515.

68 So.3d 989 (2011)

Eric P. GICK and Marilyn J. Gick, Appellants, v. WELLS FARGO BANK, N.A. etc., Appellee.

District Court of Appeal of Florida, Fifth District.

September 2, 2011.

Attorney(s) appearing for the Case

Matthew D. Valdes , of Kaufman, Englett & Lynd, PLLC, Orlando, for Appellants.

Erin M. Berger , of Florida Default Law Group, P.L., Tampa, for Appellee.

EVANDER, J.

The Gicks appeal from a final summary judgment entered in this mortgage foreclosure proceeding. We reverse. Wells Fargo Bank filed its motion for summary judgment before the Gicks answered the complaint, but failed to meet its burden to conclusively establish that the Gicks could not plead or otherwise raise a genuine issue of material fact.

In May 2008, Wells Fargo filed an unverified complaint alleging...

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