SEALE v. REGIONS BANK

No. 4D12-3869.

121 So.3d 649 (2013)

Michael SEALE and Elaine Seale, Appellants, v. REGIONS BANK d/b/a Regions Mortgage, Successor by Merger to Union Planters Bank, National Association, Appellee.

District Court of Appeal of Florida, Fourth District.

September 11, 2013.


Attorney(s) appearing for the Case

Andrea H. Duenas of the Law Office of A. Duenas, P.A., Lantana, and Brian K. Korte of Korte & Wortman, P.A., West Palm Beach, for appellants.

Kimberly Hopkins and Ronald M. Gache of Shapiro, Fishman & Gache, LLP, Tampa, for appellee.


CIKLIN, J.

Michael and Elaine Seale (the "Homeowners") appeal the final summary judgment of foreclosure entered in favor of Regions Bank (the "Bank"). The Homeowners argue that the trial court erred in entering summary judgment when their affirmative defenses were not factually refuted or found to be legally insufficient. Because one of the legally sufficient defenses was not factually refuted, we must reverse.

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