Monthly Archives: November 2011

Faythe p. Woodrum, Timothy P. Woodrum and Dawn M. Woodrum v. Wells Fargo Mortgage Bank, N.A., 36 Fla. L. Wkly D2431b (Fla. 4th DCA Nov. 9, 2011) – a defendant may raise affirmative defenses in an affidavit to oppose summary judgment even when no answer is filed

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In this foreclosure case, Defendants did not file an answer to the complaint.  Instead of moving for default, the bank moved for summary judgment.  One of the defendants filed an opposing affidavit raising various defenses, but still did not file an answer.  The trial granted summary judgment, and the same Defendant appealed.  The appellate court… Read more

Schaffer et al. v. First Bank et al., 36 Fla. L. Wkly D2363a (Fla. 4th DCA Oct. 26, 2011) – re-opening dismissed case after dismissal for failure to prosecute

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In this foreclosure case, the trial court sent a notice of dismissal for failure to prosecute to bank counsel’s old address even though he had notified the court of a new address. Upon motion after over a month had passed, the court re-opened the case. The borrowers appealed, claiming that a motion to re-open must… Read more