PAVOLINI v. WILLIAMS

No. 5D05-1170.

915 So.2d 251 (2005)

Arturo PAVOLINI and Maria Rivera, Appellant, v. Winston WILLIAMS, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

December 2, 2005.


Attorney(s) appearing for the Case

Frederic Stanley, Jr., of Stanley, Dehlinger & Rascher, P.A., Altamonte Springs, for Appellant.

No Appearance for Appellee.


MONACO, J.

The appellants, Arturo Pavolini and Maria Rivera ("Borrowers"), seek reversal of the final summary judgment of foreclosure rendered against them by the trial court and in favor of the appellees, Winston Williams, et al. ("Lenders"). Because we conclude that the trial court erred in striking the affirmative defenses raised by the Borrowers, and because there were issues of fact that were not excluded by the Lenders at the time summary judgment was granted...

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