SETH S. BRIER v. DEUTSCHE BANK NATIONAL TRUST COMPANY ( 2018 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    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.
    No. 4D17-2934
    [February 7, 2018]
    Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
    Beach County; Howard H. Harrison, Judge; L.T. Case No. 50-2016-CA-
    001600-XXXX-MB.
    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
    PER CURIAM.
    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 and legal support and were not pled with
    specificity. The trial court granted the bank’s motion. The bank has
    confessed error, stipulating that final summary judgment should be
    reversed. See Seale v. Regions Bank, 
    121 So. 3d 649
    , 650 (Fla. 4th DCA
    2013) (“[I]n mortgage foreclosure cases, summary judgment is precluded
    if affirmative defenses are not factually refuted or shown to be legally
    insufficient.”). As such, we reverse and remand with instructions for the
    trial court to vacate the final judgment of foreclosure.
    Reversed and remanded with instructions.
    GERBER, C.J., WARNER and LEVINE, JJ., concur.
    *         *         *
    Not final until disposition of timely filed motion for rehearing.
    2
    

Document Info

Docket Number: 17-2934

Filed Date: 2/7/2018

Precedential Status: Precedential

Modified Date: 2/7/2018