KURIAN v. WELLS FARGO BANK, NAT. ASS'N

No. 4D11-3098.

114 So.3d 1052 (2013)

Jessy KURIAN and Anil Thomas, Appellants, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 5, 2013.


Attorney(s) appearing for the Case

Scott Levine , Weston, for appellants.

Michael K. Winston and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for appellee.


On Motion for Rehearing

MAY, C.J.

The bank has filed a motion for rehearing. We deny the motion for rehearing, but withdraw our previously issued opinion and replace it with the following.

Homeowners appeal a Final Summary Judgment of Foreclosure. They argue the trial court erred in entering summary judgment because the bank failed to refute their affirmative defenses. We agree and reverse.

The homeowners executed a note and mortgage...

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