GREENE v. LIFESTYLE BUILDERS OF ORLANDO, INC.

No. 5D06-4316.

985 So.2d 588 (2008)

Lorenzo C. GREENE, Appellant, v. LIFESTYLE BUILDERS OF ORLANDO, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 14, 2008.


Attorney(s) appearing for the Case

Regine Monestime of The Monestime Firm, P.A., North Miami Beach, for Appellant.

Christopher J. Wilson of Marchena and Graham, P.A., Orlando, for Appellee.


TORPY, J.

In this mortgage foreclosure case, we review the propriety of the summary judgment in favor of Appellee, the mortgagee. Because Appellee filed the motion for summary judgment before the answer was due and failed to meet its burden to establish conclusively that no answer could present a material issue of fact, we conclude that summary judgment was premature. Accordingly, we reverse and remand this cause for further proceedings.

Appellee filed an...

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