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GRAY v. UNION PLANTERS NATIONAL BANK

No. 94-2718.

654 So.2d 1288 (1995)

David L. GRAY, Appellant, v. UNION PLANTERS NATIONAL BANK, Appellee.

District Court of Appeal of Florida, Third District.

May 31, 1995.

Attorney(s) appearing for the Case

Keith, Mack, Lewis, Cohen & Lumpkin and Sarah Clasby and Keith T. Grumer, Miami, for appellant.

Shapiro & Fishman, North Miami and Susan Minor, Coral Gables, for appellee.

Before HUBBART, BASKIN and COPE, JJ.

BASKIN, Judge.

We reverse the summary judgment of foreclosure in favor of defendant Union Planters National Bank. "A court cannot grant summary judgment where a defendant asserts legally sufficient affirmative defenses that have not been rebutted." Haven Fed. Sav. & Loan Ass'n v. Kirian, 579 So.2d 730, 733 (Fla. 1991). The bank's motion for summary judgment and supporting documents did not address or overcome the issues...

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