CONSORTION TRADING INTERN., LTD. v. LOWRANCE

No. 96-470.

682 So.2d 221 (1996)

CONSORTION TRADING INTERNATIONAL, LTD. and Ronald Hubner, Appellants, v. Richard LOWRANCE, Appellee.

District Court of Appeal of Florida, Third District.

November 6, 1996.


Attorney(s) appearing for the Case

Maria A. Zelaya, North Bay Village, for appellants.

Fromberg, Fromberg, Lewis & Brecker, Michael Paul Shienvold and Robert Slatoff, Aventura, for appellee.

Before GERSTEN, GODERICH and GREEN, JJ.


PER CURIAM.

We reverse the trial court's order granting a final summary judgment of foreclosure against the defendants, Consortion Trading International, Ltd. and Ronald Hubner. In the instant case, final summary judgment was not appropriate where the defendants had properly pled affirmative defenses to the foreclosure action that sounded in waiver, estoppel, and bad faith. These defenses raised genuine issues of material fact and were not barred by the statute of...

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