Pearlstein v. Pennsylvania National Bank & Trust Co.

Appellants, Kenneth Pearlstein and Marilyn Pearlstein, appeal from a summary judgment of foreclosure entered in favor of appel-lee, Pennsylvania National Bank and Trust Company, and from an order denying their motion for rehearing. We treat appellants’ appeal as a nonfinal appeal in light of their unresolved pending counterclaim. See Fla. R.App.P. 9.130(a)(3)(C)(iv).

We reverse the summary judgment of foreclosure finding that there are unresolved issues of material fact on the affirmative defense of payment of the debt. See Holl v. Talcott, 191 So.2d 40 (Fla.1966); Landers v. Milton, 370 So.2d…