Forbes v. National Industrial Bank of Miami

STEWART, JAMES R., Jr., Associate Judge.

Plaintiff/Bank brought an unlawful detention action under the provisions of Florida Statute 82.04, F.S.A. in the Court of Record of Broward County. Defendants denied all allegations of the Complaint and counterclaimed for specific performance.

Plaintiff moved to dismiss the Counterclaim and for entry of summary judgment. In support of the motion for summary judgment the Bank filed an affidavit showing its right of possession was based upon a Certificate of Title issued in connection with a previous mortgage foreclosure action. An affidavit filed in…