Gray v. Union Planters National Bank

BASKIN, Judge.

We reverse the summary judgment of foreclosure in favor of defendant Union Planters National Bank. “A court cannot grant summary judgment where a defendant asserts legally sufficient affirmative defenses that have not been rebutted.” Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So.2d 730, 733 (Fla.1991). The bank’s motion for summary judgment and supporting documents did not address or overcome the issues of fact created by Gray’s affirmative defenses. “[WJhere a defendant pleads an affirmative defense and the plaintiff does not by affidavit contradict or deny that defense, the…