Wednesday, August 5, 2009

Summary Judgment Reversed Because Basis For Entry Was Not Pled

In Terra Firma Holdings v. Fairwinds Credit Union (2D08-3440), the Second District reversed the summary judgment for foreclosure entered in favor of Fairwinds.
The court stated:
Because the pleaded basis asserted for the default was not proven, and because
default as a result of failing to pay the matured obligation was not pleaded, we
are compelled to reverse the final summary judgment.


Post a Comment