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MATHEWS v. DIME SAVINGS BANK OF NEW YORK

No. 86-3016.

507 So.2d 1196 (1987)

Jim W. MATHEWS and William H. Mathews, Appellants, v. DIME SAVINGS BANK OF NEW YORK, FSB, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 1987.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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,<...

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