BANK OF AMERICA v. WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION INC (2021)

District Court of Appeal of Florida, Third District.

BANK OF AMERICA, N.A., Appellant, v. WILLIAMS ISLAND PROPERTY OWNERS' ASSOCIATION INC., Appellees.

No. 3D20-0381

Decided: January 13, 2021

Before FERNANDEZ, LINDSEY, and BOKOR, JJ.

Liebler Gonzalez & Portuondo, and Mary J. Walter, for appellant. Sandler & Sandler, and Martin L. Sandler, for appellees.

Bank of America, N.A. (“BANA”) appeals a Second Amended Final Judgment in favor of Williams Island Property Owner's Association, Inc. (“Williams Island”). The judgment was entered in a mortgage foreclosure action after the lower court granted Williams Island's motion for final summary judgment. Because Williams Island failed to factually refute or disprove BANA's affirmative defenses or failed to establish that they were insufficient as a matter of law, we reverse the Second Amended Final Judgment and remand for further proceedings. See Leal v. Deutsche Bank Nat'l Trust Co., 21 So. 3d 907, 909 (Fla. 3d DCA 2009).

Reversed and remanded.

PER CURIAM.

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