BRIER v. DEUTSCHE BANK NATIONAL TRUST COMPANY

No. 4D17-2934.

237 So.3d 401 (2018)

Seth S. BRIER, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee FOR BCAP LLC TRUST 2007-AA2, Agri Sales USA, Inc., Atlas Peat & Soil, Inc., Cemex, Inc., Hamblin Village Homeowners Association, Inc., Olympia Master Association, Inc., Palm Beach Newspapers, Inc., and Wood Mulch Products, Inc. Appellees.

District Court of Appeal of Florida, Fourth District.

February 7, 2018.


Attorney(s) appearing for the Case

Henry B. Handler and David K. Friedman of Weiss, Handler & Cornwell, P.A., Boca Raton, for appellant.

Sara F. Holladay-Tobias , Emily Y. Rottmann , and C.H. Houston III of McGuireWoods LLP, Jacksonville, for Deutsche Bank National Trust Company, as Trustee for BCAP LLC Trust 2007-AA2.


ON CONFESSION OF ERROR

Appellee Deutsche Bank filed a complaint to foreclose on a mortgage. Appellant responded with an answer and eleven affirmative defenses, two of which were later stricken. The bank moved for summary judgment, addressing appellant's remaining affirmative defenses only by generally claiming they lacked factual...

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