Rodriguez and Caballero v. Ocean Bank

Rolando D. Rodriguez and Patricia Caballero-Rodríguez appeal a summary final judgment in favor of Ocean Bank (a) for a deficiency of $196,495.01 following a sale of the Rodriguezes’ property and (b) on the Rodriguezes’ counterclaims against Ocean Bank for wrongfully withholding most of the insurance proceeds held by the Bank after the residence was damaged in a fire. Applying the stringent standards of review applicable to summary judgments, we find that the Rodriguezes’ affirmative defenses and counterclaims presented triable issues of fact, and we reverse the summary final judgment.

Factual…