Chapter 1-7 Summary Judgment

1-7 Summary Judgment

Mortgage foreclosure actions are successful when they end with a final judgment. The judgment may be obtained by proceeding to trial, or the process may be abridged when a judgment is sought through a Motion for Summary Judgment.⁵³ When ruling on a Motion for Summary Judgment, the court will examine whether all statutory requirements were met and whether plaintiff has shown that no genuine issue of material fact exists.⁵⁴ For a complete discussion of Motions for Summary Judgment as a tool for obtaining a foreclosure judgment, see Chapter 12: Motions for Summary Judgment in Foreclosure Cases.

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Notes:

^[53] Fla. R. Civ. P. 1.510.

^[54] OneWest Bank, FSB v. Jasinski, 173 So. 3d 1009 (Fla. 2d DCA 2015).