Legal Opinion
Peterson v. Affordable Homes of Palm Beach, Inc.
District Court of Appeal of Florida
Decided June 29, 2011No. 4D09-5180PublishedCited by 4 opinions
1Per curiam
We reverse an order granting summary judgment of foreclosure in favor of Affordable Homes of Palm Beach, Inc. (“Affordable Homes”) and against property owner, Edith C. Peterson (“Peterson”), because summary judgment was premature while affirmative defenses and a counterclaim for fraud were still pending.
In March 2009 Affordable Homes sued Peterson to foreclose a mortgage, alleging that she defaulted under the promissory note and mortgage on her West Palm *113Beach property. Peterson subsequently filed a counterclaim against Affordable Homes, arguing that Affordable Homes perpetrated a fraud by…
2Cases cited5 opinions
- Londono v. Turkey Creek, Inc.Supreme Court of Florida · 1992
- MILLENNIUM GROUP I, LLC v. Attorneys Title Ins. Fund, Inc.District Court of Appeal of Florida · 2003
- Del Rio v. BrandonDistrict Court of Appeal of Florida · 1997
- L & S Food Services, Inc. v. Roberts Cafeteria, Inc.District Court of Appeal of Florida · 1982
- Tooltrend, Inc. v. C.M.T. UtensiliDistrict Court of Appeal of Florida · 1998
3Cited by4 opinions
- Barniv v. BankTrustDistrict Court of Appeal of Florida · 2012
- Dilican v. Normandy Village Property Owners Ass'nDistrict Court of Appeal of Florida · 2013
- Kushner v. Wyndsong Estates Homeowners Ass'nDistrict Court of Appeal of Florida · 2014
- Steven Kwartin v. Miami Beach Townhomes, a Condominium Association, Inc.District Court of Appeal of Florida · 2026