ROMINGER LEGAL
Florida Case Law & Florida Court Opinions - Florida Law
Need Legal Help?
NOT FINDING WHAT YOU NEED? -CLICK HERE
This court case was taken from the Florida Court's web site. Search our site for more cases - CLICK HERE

LEGAL RESEARCH
COURT REPORTERS
PRIVATE INVESTIGATORS
PROCESS SERVERS
DOCUMENT RETRIEVERS
EXPERT WITNESSES

 

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

 
Web Rominger Legal

Legal News - Legal Headlines

 

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
HENRY A. MORRONI and
)
F. ANNETTE MORRONI,
)
)
Appellants,
)
)
v.
)
Case No. 2D04-2846
)
HOUSEHOLD FINANCE
)
CORPORATION III, a Delaware
)
corporation,
)
)
Appellee.
)
_______________________________ )
Opinion filed June 8, 2005.
Appeal from the Circuit Court

for Lee County;
John S. Carlin, Judge.
Ralph P. Richard of Law Office of
Ralph P. Richard, Fort Myers,
for Appellants.
Enrico G. Gonzalez, Temple Terrace,
for Appellee.
CANADY, Judge.
Henry Morroni and Annette Morroni appeal the trial court's order granting
summary judgment in favor of Household Finance Corporation in the mortgage
foreclosure action filed by Household against the Morronis. The Morronis raised three

points on appeal. The first two points are without merit, but the third point warrants
reversal.
On February 17, 2004, Household filed a motion for summary judgment.
On March 2, 2004, the Morronis filed a memorandum of fact and law in opposition to the
motion. The memorandum pointed out the twenty-eight affirmative defenses raised by
the Morronis and that Henry Morroni had filed an affidavit in opposition to an earlier
motion for summary judgment filed by Household in 2001.1 Despite the affidavit and the
affirmative defenses, the trial court granted summary judgment, finding that no affidavits
had been filed and that there did not appear to be any genuine issue of material fact in
need of determination.
The Morronis argue, and we agree, that the trial court erred in granting
summary judgment. Household's complaint filed in June 2001 alleged that the Morronis
failed to make payments on their mortgage from March 2001 onward. The twenty-eight
affirmative defenses alleged, among other things, that the Morronis made advance
payments towards the mortgage for the months of March, April, May, June, July, and
August of 2001. Household never factually refuted the affirmative defenses or
established that they were legally insufficient. Therefore, Household did not establish
its entitlement to summary judgment. See Jones v. City of Winter Haven, 870 So. 2d 52
(Fla. 2d DCA 2003) (holding that the party seeking summary judgment must not only
establish that no genuine issues of material fact exist as to the party's claims but must
1 In 2001, Household filed a motion for summary judgment and Henry Morroni
filed an opposing affidavit. The motion was never ruled on by the trial court because the
foreclosure action was voluntarily dismissed by Household. However, the trial court
later granted relief from the dismissal, which it found to be fraudulent, and reinstated the
action. Household then filed another motion for summary judgment in 2004.
-2-

also either factually refute the affirmative defenses or establish that they are legally
insufficient); Manassas Inves., Inc. v. O'Hanrahan, 817 So. 2d 1080 (Fla. 2d DCA 2002)
(holding that in order for the movant to prevail on a summary judgment motion, movant
must either factually refute the affirmative defenses or establish that they are legally
insufficient). In addition, the trial court should have considered the affidavit filed by
Henry Morroni in 2001, which alleged facts in support of the affirmative defenses, in
determining whether summary judgment was appropriate. See Fla. R. Civ. P. 1.510(c)
("The [summary] judgment sought shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories, and admissions on file together with the
affidavits, if any, show that there is no genuine issue as to any material fact . . . .").
Accordingly, we reverse the trial court's order of summary judgment and
remand for further proceedings.
DAVIS and KELLY, JJ., Concur.
-3-

Ask a Lawyer

 

 

FREE CASE REVIEW BY A LOCAL LAWYER!
|
|
\/

Personal Injury Law
Accidents
Dog Bite
Legal Malpractice
Medical Malpractice
Other Professional Malpractice
Libel & Slander
Product Liability
Slip & Fall
Torts
Workplace Injury
Wrongful Death
Auto Accidents
Motorcycle Accidents
Bankruptcy
Chapter 7
Chapter 11
Business/Corporate Law
Business Formation
Business Planning
Franchising
Tax Planning
Traffic/Transportation Law
Moving Violations
Routine Infractions
Lemon Law
Manufacturer Defects
Securities Law
Securities Litigation
Shareholder Disputes
Insider Trading
Foreign Investment
Wills & Estates

Wills

Trusts
Estate Planning
Family Law
Adoption
Child Abuse
Child Custody
Child Support
Divorce - Contested
Divorce - Uncontested
Juvenile Criminal Law
Premarital Agreements
Spousal Support
Labor/Employment Law
Wrongful Termination
Sexual Harassment
Age Discrimination
Workers Compensation
Real Estate/Property Law
Condemnation / Eminent Domain
Broker Litigation
Title Litigation
Landlord/Tenant
Buying/Selling/Leasing
Foreclosures
Residential Real Estate Litigation
Commercial Real Estate Litigation
Construction Litigation
Banking/Finance Law
Debtor/Creditor
Consumer Protection
Venture Capital
Constitutional Law
Discrimination
Police Misconduct
Sexual Harassment
Privacy Rights
Criminal Law
DUI / DWI / DOI
Assault & Battery
White Collar Crimes
Sex Crimes
Homocide Defense
Civil Law
Insurance Bad Faith
Civil Rights
Contracts
Estate Planning, Wills & Trusts
Litigation/Trials
Social Security
Worker's Compensation
Probate, Will & Trusts
Intellectual Property
Patents
Trademarks
Copyrights
Tax Law
IRS Disputes
Filing/Compliance
Tax Planning
Tax Power of Attorney
Health Care Law
Disability
Elder Law
Government/Specialty Law
Immigration
Education
Trade Law
Agricultural/Environmental
IRS Issues

 


Google
Search Rominger Legal


 


LEGAL HELP FORUM - Potential Client ? Post your question.
LEGAL HELP FORUM - Attorney? Answer Questions, Maybe get hired!

NOW - CASE LAW - All 50 States - Federal Courts - Try it for FREE


 


Get Legal News
Enter your Email


Preview

We now have full text legal news
drawn from all the major sources!!

ADD A SEARCH ENGINE TO YOUR PAGE!!!

TELL A FRIEND ABOUT ROMINGER LEGAL

Ask Your Legal Question Now.

Pennsylvania Lawyer Help Board

Find An Attorney

TERMS OF USE - DISCLAIMER - LINKING POLICIES

Created and Developed by
Rominger Legal
Copyright 1997 - 2010.

A Division of
ROMINGER, INC.