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DOUGLAS v. DEUTSCHE BANK TRUST COMPANY

No. 5D07-3741.

995 So.2d 1144 (2008)

Holly DOUGLAS and Robert Douglas, Appellants, v. DEUTSCHE BANK TRUST COMPANY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 2008.

Attorney(s) appearing for the Case

Holly J. Douglas and Robert D. Douglas, Palm Coast, pro se.

Forrest G. McSurdy, of Stern & McSurdy, P.A., Law Offices of David J. Stern, P.A., Plantation, for Appellee.

PLEUS, J.

The Douglases appeal from a summary final judgment of foreclosure. They argue that Deutsche Bank Trust Co. was impermissibly allowed to move for and obtain summary judgment on its amended foreclosure complaint before their motion to dismiss was heard and prior to the filing of an answer.

Deutsche Bank could move for summary judgment prior to the Douglases filing an answer, but the Bank had the burden of conclusively establishing that no answer which...

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