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BEEZLEY v. DEUTSCHE BANK NATIONAL TRUST

No. 2D20-590.

336 So.3d 814 (2022)

Thomas C. BEEZLEY, III, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Solely AS TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST SERIES 2004-A ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-A; and Citibank, N.A., Appellees.

District Court of Appeal of Florida, Second District.

March 30, 2022.

Attorney(s) appearing for the Case

Margaret H. White-Small of Margaret H. White-Small, Attorney at Law, Longboat Key; and Adam Stevens of Powell, Jackman, Stevens & Ricciardi, P.A., Fort Myers, for Appellant.

Kimberly S. Mello of Greenberg Traurig, Orlando, and Joseph H. Picone of Greenberg Traurig, P.A., Tampa, for Appellee Deutsche Bank.

No appearance for remaining Appellee.

Thomas Beezley appeals the final summary judgment of foreclosure entered in favor of Deutsche Bank (the Bank). Beezley makes several arguments, only one of which requires reversal. Because the Bank did not carry its burden of factually refuting or establishing the legal insufficiency of Beezley's affirmative defense of equitable...

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