Marisa Oliveira Almedia v. JP Morgan Chase Bank

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014 MARISA OLIVEIRA ALMEIDA, Appellant, v. JP MORGAN CHASE BANK, N.A., Appellee. No. 4D13-3639 [September 17, 2014] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 09007040 (13). Walter Strauss of Walter Strauss, P.A., Deerfield Beach, for appellant. Joseph D. Wargo and Susan Capote of Wargo & French, LLP, Miami, for appellee. On Confession of Error PER CURIAM. The defendant appeals from the circuit court s final judgment of foreclosure following the court s order granting the plaintiff s motion for summary judgment. The defendant argues, among other things, that her affidavit in opposition to the motion for summary judgment created a genuine issue of material fact as to whether she was in default on her mortgage payments. The plaintiff concedes this argument has merit and that the court s order granting summary judgment and final judgment of foreclosure should be reversed. We agree. Reversed and remanded for further proceedings. WARNER, GROSS and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

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