Summary Judgment Affirmed in Favor of Landlord in Dispute with Tenant

A trial court granted summary judgment in favor of Spurrier Investments, Inc. (“Landlord”) on LK Group Holding Company’s (“Tenant”) counterclaim for wrongful eviction. Tenant based the counterclaim on the fact that a default judgment of eviction previously obtained by Landlord had been reversed on appeal. The reversal was due to the trial court’s failure to […]

Moving for Summary Judgment Prior to an Answer – A Difficult Burden

Another case in point where a summary judgment entered in favor of a mortgagee was reversed on appeal.  In Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012), a mortgagor appealed from a grant of summary judgment in favor of the mortgagee.  In February 2010, Wells Fargo filed a mortgage […]