Pita v. State Street Bank & Trust Co.

666 So.2d 268 (1996)

Arturo PITA and Aida Pita, Appellants,

v.

STATE STREET BANK AND TRUST COMPANY, As Trustee, Appellee.

No. 95-1494.

District Court of Appeal of Florida, Third District.

January 17, 1996.

Elena C. Tauler & Associates, Miami, and Robert L. Shearin, Boca Raton, for appellants.

Shapiro & Fishman, Boca Raton, and Susan Minor, Coral Gables, for appellee.

Before COPE, GODERICH and GREEN, JJ.

This is an appeal from a final summary judgment of foreclosure where appellants raised payment as an affirmative defense. In support of its motion for summary judgment, the appellee bank submitted an…