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RODRIGUEZ v. FLEET FINANCE & MORTGAGE, INC.

No. 97-00939.

708 So.2d 982 (1998)

Jose F. RODRIGUEZ and Billie Sexton, his wife, Appellants, v. FLEET FINANCE & MORTGAGE, INC., Appellee.

District Court of Appeal of Florida, Second District.

March 20, 1998.

Attorney(s) appearing for the Case

Michael S. Edenfield of Battle & Edenfield, P.A., Brandon, for appellants.

Douglas C. Zahm of Douglas C. Zahm, P.A., Clearwater, for appellee.

PER CURIAM.

Jose F. Rodriguez and Billie Sexton, his wife, appeal the trial court's summary judgment of foreclosure entered in favor of Fleet Finance & Mortgage, Inc. Rodriguez and Sexton argue that the trial court erred in granting summary judgment because they raised an estoppel defense that was not conclusively refuted by any affidavit or deposition. We agree. See Pennco, Inc. v. American General Home Equity, Inc., 629 So.2d 307

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