Hoyt v. St. Lucie County, Board of County Commissioners

ON MOTION FOR REHEARING

We grant appellee’s motion for rehearing and clarification, withdraw our former opinion and substitute the following opinion.

We reverse the summary final judgment of foreclosure entered in favor of appellee and remand. The record reveals a disputed issue of material fact regarding the duration of the code violation. Appellee relies on an affidavit of the secretary of the code enforcement board stating that she is making the affidavit based upon her personal knowledge, and that she has read the complaint “which is true in substance and in fact.” The affidavit was not…