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LUNA v. TOTAL MORTGAGE, LTD.

No. 88-1719.

533 So.2d 900 (1988)

Edmundo LUNA, Appellant, v. TOTAL MORTGAGE, LTD., Appellee.

District Court of Appeal of Florida, Third District.

November 15, 1988.

Attorney(s) appearing for the Case

Alec Ross, North Miami Beach, for appellant.

Koppen, Watkins, Partners & Associates and Curtis J. Herbert, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

Appellee has confessed error. Because appellee failed to refute appellant's affirmative defenses or to establish their legal insufficiency, genuine issues of material fact remain unresolved. Consequently, the trial court erred in entering final summary judgment. See First Nat'l Entertainment Corp. v. Brumlik, 531 So.2d 403 (Fla. 5th DCA 1988); Mathews v. Dime Sav. Bank of New York, 507...

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