HARPER v. HSBC BANK USA. NAT. ASS'N

No. 1D13-3403.

148 So.3d 1285 (2014)

Kathleen HARPER, Appellant, v. HSBC BANK USA, NATIONAL ASSOC. as Trustee for Wells Fargo Home Equity Asset Backed Certificates, Series 2005-4, et al., Appellee.

District Court of Appeal of Florida, First District.

October 23, 2014.


Attorney(s) appearing for the Case

Douglas Bradford Hughes of Lindell & Farson, P.A., Jacksonville, for Appellant.

Dean A. Morande and Michael K. Winston , and Maryellen Michelle Farrell of Carlton Fields Jorden Burt, West Palm Beach, and Suzanna M. Johnson , Tampa, for Appellee.


PER CURIAM.

In this foreclosure-related appeal, Appellant Kathleen Harper asserts that summary judgment should not have been entered against her because Appellee HSBC Bank USA failed to establish the absence of a genuine issue of material fact and to refute one of her affirmative defenses. We agree and reverse.

In moving for summary judgment below, the Bank had the burden to show the absence of any genuine issue of material fact and to refute Ms. Harper's...

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