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W. Michael CONNELLY, Mary M. Connelly, Michael Connelly and Linda Connelly v. GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION
Opinions in this case
- Majority — Gunther
- Concurrence — Letts
GUNTHER, Judge.
We reverse the summary final judgment of foreclosure on the authority of Gutterman-Musicant-Kreitzman, Inc. v. I.G. Realty Company, 426 So.2d 1216 (Fla. 4th DCA 1983). At the hearing on the motion for summary judgment, the lender failed to meet its burden of demonstrating conclusively that the defendant, who was not yet required to file an answer, could not plead a genuine issue of material fact.
REVERSED.
HERSEY, C.J., concurs.
LETTS, J., concurs specially with opinion.