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JUDY v. MSMC VENTURE, LLC

No. 2D11-1896.

100 So.3d 1287 (2012)

Thomas JUDY; Jill Densmore Judy; and State Trustee Services, LLC, Appellants, v. MSMC VENTURE, LLC, a Delaware limited liability company, as assignee of Market Street Mortgage Corporation, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 2012.

Attorney(s) appearing for the Case

Michael E. Rodriguez of Foreclosure Defense Law Firm, P.L., Tampa, for Appellants.

Tricia J. Dunthiers and Frank P. Cuneo of Liebler, Gonzalez & Portuondo, P.A., Miami, for Appellee.

CRENSHAW, Judge.

Thomas Judy, Jill Densmore Judy, and State Trustee Services, LLC, (collectively referred to as the Judys) appeal a final judgment of mortgage foreclosure entered against them in favor of MSMC Venture, LLC. Because MSMC failed to conclusively refute the Judys' affirmative defense that they were not given proper notice of default as required by the mortgages at issue, we conclude that the trial court erred by entering summary judgment in favor of MSMC...

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