Legal Opinion

Lakeside Regent, Inc. v. FDIC

District Court of Appeal of Florida

Decided September 13, 1995No. 94-0754PublishedCited by 2 opinions

1Opinion of the Court

POLEN, Judge.

This appeal arises out of a summary judgment relating to a dispute over the proper amount of setoff Lakeside Regent, Inc. was entitled to apply to a judgment entered in favor of the Federal Deposit Insurance Company (“FDIC”) as receiver for First American Bank and Trust (“First American”) in a mortgage foreclosure deficiency action.

It is well-settled law that the party moving for summary judgment must demonstrate that there is no genuine issue as to any material fact. Wells v. Wilkerson, 391 So.2d 266 (Fla. 4th DCA 1980). Here, because of the trial court’s granting of the FDIC’s…

2Cases cited4 opinions

  1. RK Cooper Construction Company v. FultonSupreme Court of Florida · 1968
  2. Barnard v. FIRST NAT. BK. OF OKALOOSA CTY.District Court of Appeal of Florida · 1986
  3. Merrill v. NuzumDistrict Court of Appeal of Florida · 1985
  4. Wells v. WilkersonDistrict Court of Appeal of Florida · 1980

3Cited by2 opinions

  1. In Re the Detention of D.F.F.Washington Supreme Court · 2011
  2. In Re the Detention of D.F.F.Washington Supreme Court · 2011

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