Not a foreclosure case, but the standard is the same!
Courts cannot grant summary judgment when there are issues of fact not responded to by the moving party….
When the nonmoving party has alleged affirmative defenses, the moving
party must conclusively refute the factual bases for the defenses or establish that they
are legally insufficient. Morroni v. Household Fin. Corp. III, 903 So. 2d 311, 312 (Fla. 2d
DCA 2005). “The burden of proving the existence of genuine issues of material fact
does not shift to the opposing party until the moving party has met its burden of proof.”
Deutsch v. Global Fin. Servs., LLC, 976 So. 2d 680, 682 (Fla. 2d DCA 2008). As we
have mentioned, GRE wholly failed to address the affirmative defenses in the affidavit
filed in support of summary judgment. Without question, therefore, GRE did not carry
its burden by factually refuting the defenses.
