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WILLIAMS v. BANK OF AMERICA, N.A.

No. 4D10-4837.

101 So.3d 1288 (2012)

Johny B. WILLIAMS and Monithe L. Williams, Appellants, v. BANK OF AMERICA, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2012.

Attorney(s) appearing for the Case

Carl A. Cascio of Carl A. Cascio, P.A., Delray Beach, for appellants.

Thomas H. Loffredo and Jeffrey T. Kuntz of GrayRobinson, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

We reverse the summary final judgment entered in favor of appellee. The bank did not file evidence of the assignment of the mortgage and a lost or misplaced note affidavit until the day of the summary judgment hearing. Florida Rule of Civil Procedure 1.510(c) provides that a summary judgment

movant shall serve the motion at least 20 days before the time fixed for the hearing, and shall also serve...

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