Roth v. Bank of America, 34 Fla. L. Wkly D2383 (Fla. 2d DCA Nov. 18, 2008)

In another foreclosure case gone wrong, which is becoming a trend in the appellate decisions of late, the Second DCA overturns the trial court’s entry of Summary Judgment where the hearing transcript “does not reflect that the trial court considered the affidavit of [a third party] that called into question the validity of the note and mortgage.”

The decision does not address the trial court’s order, but, presumably, the Summary Judgment Order also did not address the affidavit.