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Monthly Archives: September 2013

Fourth DCA Rules that Courts Must Weigh Sufficiency of Affirmative Defenses

By Sep 16, 2013 Posted in News

By Michael Cotzen Last week, the Fourth District Court of Appeal issued its opinion in the case of Seale v. Regions Bank, reversing a summary judgment of foreclosure entered by the trial court. In its opinion, the 4th DCA held “[a] wealth of case law makes it clear that in mortgage foreclosure cases, summary judgment is precluded if affirmative defenses are not factually refuted or shown to be legally insufficient.”  The court further held that the defense […]

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