KANU v. POINTE BANK

No. 4D02-2866.

861 So.2d 498 (2003)

Theresa KANU, Appellant, v. POINTE BANK, a Florida banking institution and GMAC Mortgage Corporation, etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 12, 2004.


Attorney(s) appearing for the Case

Theresa Kanu, Palm Beach Gardens, pro se.

Spencer M. Sax and Jo-Jean M. Panton of Sachs, Sax & Klein, P.A., Boca Raton, for appellee Pointe Bank.


PER CURIAM.

We reverse the final summary judgment of mortgage foreclosure because the affidavits submitted by appellee did not conclusively refute one of the affirmative defenses raised by appellant. See Knight Energy Servs., Inc. v. Amoco Oil Co., 660 So.2d 786, 788 (Fla. 4th DCA 1995). Appellant alleged that she made payments to appellee prior to the notice of default and made other payment plan agreements thereafter, and...

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