THOMAS v. OCWEN LOAN SERVICING, LLC

No. 1D11-2212.

84 So.3d 1246 (2012)

Annie J. THOMAS, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellee.

District Court of Appeal of Florida, First District.

April 17, 2012.


Attorney(s) appearing for the Case

Thomas R. Pycraft, Jr. , and Bruce R. Glassman , St. Augustine, for Appellant.

Daniel C. Consuegra , Allison S. Thompson , and Al Zakarian of the Law Offices of Daniel C. Consuegra, Tampa, for Appellee.


MAKAR, J.

The issue in this case is whether Ocwen Loan Servicing, LLC, which seeks to foreclose on the residential real property of Annie J. Thomas, is required to affirmatively refute Thomas's affirmative defenses to be entitled to summary judgment. We hold that it must and reverse.

It is a well-worn principle that entitlement to summary judgment requires a plaintiff-movant to refute factually all affirmative defenses or show they are legally insufficient...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases