LINDSEY v. CADENCE BANK, N.A.

No. 1D13-4686.

135 So.3d 1164 (2014)

Robert B. LINDSEY, Joseph D. Adams and Mark J. Swee, Appellants, v. CADENCE BANK, N. A., Appellee.

District Court of Appeal of Florida, First District.

April 24, 2014.


Attorney(s) appearing for the Case

David P. Healy of Law Offices of David P. Healy, PLC, Tallahassee, for Appellants.

H. Matthew Fuqua of Bondurant & Fuqua, P.A., Marianna, for Appellee.


WETHERELL, J.

Robert Lindsey, Joseph Adams, and Mark Swee ("the borrowers") appeal the summary final judgment of foreclosure entered in favor of Cadence Bank, N.A. ("the bank"). The borrowers argue that (1) the trial court erred in granting the bank's motion for summary judgment because the amended affidavit submitted by the bank to establish the amount due on the loan (a) raised a disputed issue of fact as a result of an internal inconsistency in the affidavit and...

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