On August 22, 2014 a
Motion-Secondary
was filed
involving a dispute between
First Lido Condominium, Inc. A Florida Not-For-Profit Corporation,
and
Bank Of America Na,
Garrison, Clo Ann,
Secretary Of Housing And Urban Development,
Unknown Tenant In Possession, Tenant,
for CONDOMINIUM - CIRCUIT 2010
in the District Court of Sarasota County.
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Filing # 25497493 E-Filed 03/30/2015 09:08:39 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY
FIRST LIDO CONDOMINIUM, INC.,
A Florida not-for-profit corporation,
Plaintiff,
VS. Case No.: 2014-CA-004931-NC
CLO ANN GARRISON; and
BANK OF AMERICA, NA,
Defendants,
/
DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY FINAL
JUDGMENT OF FORECLOSURE AS TO COUNTT
COMES NOW the Defendant, CLO ANN GARRISON, by and through its undersigned counsel,
files its Defendant's Response to Plaintiff's Motion for Summary Judgment of Foreclosure as to Count I
and as grounds therefore states:
1) The party moving for summary judgment is required to conclusively demonstrate the
nonexistence of genuine issue of a material fact, and the court must draw every possible
inference in favor of the party against whom a summary judgment is sought. Wills v.
Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977).
2) Attached as Exhibit A is the Defendant's sworn affidavit which asserts a genuine issue of
material fact, specifically that Defendant's payments towards the association fee has been
misapplied, that the lien was established in an unfair and deceptive manner and violated
state law, and that Plaintiff violated state law and their duty to mitigate damages by
releasing libelous personal information about the Defendant to a third party without
permission,
Filed 03/31/2015 08:46 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL3) The facts, as laid out in the Affidavit, question the underlying facts in this case which
undercuts the Plaintiff's Motion for Summary Judgment of Foreclosure and create a
genuine issue of material fact.
A) The Defendant's answer, affirmative defenses, and sworn affidavit preclude this
foreclosure from being decided in summary judgment, Defendant requests this court deny
Plaintiff's Motion for Final Summary Judgment and set a trial date on the issues
presented.
Wherefore, Defendant CLO ANN GARRISON requests Plaintiff's Motion for Final Summary
Judgment be denied.
We CA.
Alan Borden Esq.
Borden Law, P.A.
3001 N. Rocky Point Dr. East
Ste. 200
Tampa, FL 33607
Ph: 813-281-5471]
Fx:813-354-2627
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US Mail this 31
day of March 2015 to:
Mark Hanson, Esq.
2033 Main Street, Ste 403
Sarasota, FL 34237
MHANSON@LOBECKHANSON.COM
Alan Borden Esq.
Borden Law, P.A.
3001 N. Rocky Point Dr. East
Ste. 200
Tampa, FL 33607
Ph: 813-281-5471
Px:813-354-2627
Document Filed Date
March 30, 2015
Case Filing Date
August 22, 2014
Category
CONDOMINIUM - CIRCUIT 2010
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Filing # 25497493 E-Filed 03/30/2015 09:08:39 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY FIRST LIDO CONDOMINIUM, INC., A Florida not-for-profit corporation, Plaintiff, VS. Case No.: 2014-CA-004931-NC CLO ANN GARRISON; and BANK OF AMERICA, NA, Defendants, / DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE AS TO COUNTT COMES NOW the Defendant, CLO ANN GARRISON, by and through its undersigned counsel, files its Defendant's Response to Plaintiff's Motion for Summary Judgment of Foreclosure as to Count I and as grounds therefore states: 1) The party moving for summary judgment is required to conclusively demonstrate the nonexistence of genuine issue of a material fact, and the court must draw every possible inference in favor of the party against whom a summary judgment is sought. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977). 2) Attached as Exhibit A is the Defendant's sworn affidavit which asserts a genuine issue of material fact, specifically that Defendant's payments towards the association fee has been misapplied, that the lien was established in an unfair and deceptive manner and violated state law, and that Plaintiff violated state law and their duty to mitigate damages by releasing libelous personal information about the Defendant to a third party without permission, Filed 03/31/2015 08:46 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL3) The facts, as laid out in the Affidavit, question the underlying facts in this case which undercuts the Plaintiff's Motion for Summary Judgment of Foreclosure and create a genuine issue of material fact. A) The Defendant's answer, affirmative defenses, and sworn affidavit preclude this foreclosure from being decided in summary judgment, Defendant requests this court deny Plaintiff's Motion for Final Summary Judgment and set a trial date on the issues presented. Wherefore, Defendant CLO ANN GARRISON requests Plaintiff's Motion for Final Summary Judgment be denied. We CA. Alan Borden Esq. Borden Law, P.A. 3001 N. Rocky Point Dr. East Ste. 200 Tampa, FL 33607 Ph: 813-281-5471] Fx:813-354-2627 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US Mail this 31 day of March 2015 to: Mark Hanson, Esq. 2033 Main Street, Ste 403 Sarasota, FL 34237 MHANSON@LOBECKHANSON.COM Alan Borden Esq. Borden Law, P.A. 3001 N. Rocky Point Dr. East Ste. 200 Tampa, FL 33607 Ph: 813-281-5471 Px:813-354-2627