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KIMMICK v. U.S. BANK NAT. ASS'N

No. 4D10-4158.

83 So.3d 877 (2012)

Barbara KIMMICK a/k/a Barbara Waldon Kimmick, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for the GSAA Home Equity Trust 2007-7 Asset Backed Certificates, Series 2007-7; Unknown Tenant No. 1; Unknown Tenant No. 2; and All Unknown Parties Claiming Interests by, Through, Under or Against A Named Defendant to this Action, or Having or Claiming to Have Any Right, Title or Interest in the Property Herein Described, Appellees.

District Court of Appeal of Florida, Fourth District.

January 18, 2012.

Attorney(s) appearing for the Case

Robert P. Bissonnette of Robert P. Bissonnette, P.A., Fort Lauderdale, for appellant.

Roy A. Diaz and Diana B. Matson of Smith, Hiatt & Diaz, P.A., Fort Lauderdale, for appellee U.S. Bank National Association.

HAZOURI, J.

Barbara Kimmick appeals from the granting of U.S. Bank's amended motion for summary final judgment of foreclosure and attorneys' fees, which was based upon the affidavit of indebtedness, the mortgage, and the promissory note. Kimmick asserts there were genuine issues of material fact precluding the granting of the summary judgment. We agree and reverse.

Kimmick filed an affidavit in opposition to the motion for summary judgment. She stated that...

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