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JOHNSON v. CLAIMS PREVENTON & MANAGEMENT SERVICES, INC.

No. 95-2862.

673 So.2d 558 (1996)

Paul B. JOHNSON and Cindy L. Johnson, Appellants, v. CLAIMS PREVENTION & MANAGEMENT SERVICES, INC., Appellee.

District Court of Appeal of Florida, First District.

May 20, 1996.

Attorney(s) appearing for the Case

Clyde M. Collins, Jr., Jacksonville, for Appellants.

Darla Jean Christopher of Brown and Christopher, Starke, for Appellee.

PER CURIAM.

The final judgment of foreclosure, entered pursuant to appellee's motion for summary judgment, is reversed. Following appellants' answer to the complaint for foreclosure, appellee responded, denying the affirmative defenses asserted. These affirmative defenses, which included allegations of fraud and illegality, were not addressed in the motion for summary judgment. No where in the record is it indicated that appellee either disproved the affirmative defenses...

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