Fiorentino v. BAC Home Loans Servicing, LP

Joyce Fiorentino and her husband, Antonio, timely appeal an order entitled “Summary Final Judgment of Foreclosure,” entered in favor of BAC Home Loans Servicing, LP after a nonjury trial. We reverse.

A summary judgment is a pretrial mechanism. Williams v. Washington, 120 So.3d 1263, 1264 (Fla. 1st DCA 2013). Its principle function is to “avoid the time and expense of a useless trial if it clearly appears from the pleadings, affidavits, depositions and other evidence in the record that there is no genuine issue of any material fact, and the moving party is entitled to judgment as a matter of…