RESTREPO v. CREDIT SOLUTIONS INTERNATIONAL CO (2020)

District Court of Appeal of Florida, Third District.

Astrid RESTREPO, Appellant, v. CREDIT SOLUTIONS INTERNATIONAL CO., Appellee.

No. 3D19-2397

Decided: August 26, 2020

Before SCALES, HENDON, and LOBREE, JJ.

Reyes Law Group, and Adrian Reyes, for appellant. Gasdick, Stanton & Early, P.A., and August J. Stanton, III (Orlando), for appellee.

Affirmed. § 702.06, Fla. Stat. (2013) (stating, in part, that “[t]he complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment”); Capotosto v. Fifth Third Bank, 230 So. 3d 891, 892 (Fla. 4th DCA 2017) (holding that a defendant cannot “raise an unpled affirmative defense as a basis for resisting a motion for summary judgment; stating that “[a] litigant cannot avoid summary judgment by merely asserting a fact without any evidence to support it”); Accurate Metal Finishing Corp. v. Carmel, 254 So. 2d 556, 557 (Fla. 3d DCA 1971) (“Affirmative defenses must be pleaded and it is not sufficient to sustain a defense to a summary judgment motion to allege such in affidavits.”).

PER CURIAM.

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