Williams vs Bank of America, FL 4th DCA | The Assignment of the Mortgage and a Lost or Misplaced Note Affidavit until the day of the summary judgment hearing.

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Williams vs Bank of America, FL 4th DCA | The Assignment of the Mortgage and a Lost or Misplaced Note Affidavit until the day of the summary judgment hearing.

Williams vs Bank of America, FL 4th DCA | The Assignment of the Mortgage and a Lost or Misplaced Note Affidavit until the day of the summary judgment hearing.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2012

JOHNY B. WILLIAMS and MONITHE L. WILLIAMS,
Appellants,

v.

BANK OF AMERICA, N.A.,
Appellee.

No. 4D10-4837
[December 12, 2012]

PER CURIAM.

We reverse the summary final judgment entered in favor of appellee.

The bank did not file evidence of the assignment of the mortgage and a
lost or misplaced note affidavit until the day of the summary judgment
hearing. Florida Rule of Civil Procedure 1.510(c) provides that a
summary judgment movant shall serve the motion at least 20 days before the
time fixed for the hearing, and shall also serve at that time
copies of an y summary judgment evidence o n which the
movant relies that has not already been filed with the court.
(Emphasis added); see also Mack v. Commercial Indus. Park, Inc., 541 So.
2d 800, 800 (Fla. 4th DCA 1989). The obvious purpose of that rule is to
give the party opposing summary judgment time to analyze the evidence
and “controvert the factual basis of the motion.” Marlar v. Quincy State
Bank, 463 So. 2d 1 2 3 3 , 1233 (Fla. 1st DCA 1985)
(citation omitted). The untimely filings hindered appellants’ efforts to
defend the lawsuit.

Reversed and Remanded.

GROSS, CONNER, JJ., and COX, JACK S., Associate Judge, concur.
* * *
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Eli Breger, Judge; L.T. Case No. 08-37613 CACE 13.

Carl A. Cascio of Carl A. Cascio, P.A., Delray Beach, for appellants.

Thomas H. Loffredo and Jeffrey T. Kuntz of GrayRobinson, P.A., Fort
Lauderdale, for appellee.

Not final until disposition of timely filed motion for rehearing

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