Bakst v. Federal Deposit Insurance Corp.

The defendant, Alvin Bakst, appeals from a final summary judgment entered in favor of the plaintiff, Federal Deposit Insurance Corp., as receiver of First American Bank and Trust [FDIC]. The affidavit of indebtedness failed to disprove the affirmative defenses raised by the defendant and FDIC failed to demonstrate the legal insufficiency of the defenses. See Campagna v. Dicus, 606 So.2d 1278 (Fla. 2d DCA 1992). Therefore, FDIC is not entitled to a summary judgment. Johnson & Kirby, Inc. v. Citizens Nat’l Bank of Fort Lauderdale, 338 So.2d 905 (Fla. 3d DCA 1976); Underwriters Ins. Co. v.…