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FROST v. REGIONS BANK

No. 4D08-3168.

15 So.3d 905 (2009)

Sherry A. FROST and Jerry Frost, Appellants, v. REGIONS BANK, successor by merger to Union Planters Bank, N.A., successor by merger with Union Planters Mortgage, Inc., Appellee.

District Court of Appeal of Florida, Fourth District.

August 5, 2009.

Attorney(s) appearing for the Case

Ronald E. D'Anna of McClosky, D'Anna & Dieterle, LLP, Boca Raton, for appellants.

Les C. Shields of Ben-Ezra & Katz, P.A., Fort Lauderdale, for appellee.

GERBER, J.

The circuit court entered a final summary judgment of foreclosure against the defendants below, Sherry and Jerry Frost. The Frosts appeal, arguing the plaintiff, Regions Bank, did not negate the Frosts' affirmative defense that the bank did not provide notice of the alleged default and a reasonable opportunity to cure. We agree and reverse.

The bank filed a mortgage foreclosure action against the Frosts...

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