Astrid Restrepo v. Credit Solutions International Co.
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2020
Docket3D19-2397
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2397
Lower Tribunal No. 19-7
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Astrid Restrepo,
Appellant,
vs.
Credit Solutions International Co.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alan S. Fine,
Judge.
Reyes Law Group, and Adrian Reyes, for appellant.
Gasdick, Stanton & Early, P.A., and August J. Stanton, III (Orlando), for
appellee.
Before SCALES, HENDON, and LOBREE, JJ.
PER CURIAM.
Affirmed. § 702.06, Fla. Stat. (2013) (stating, in part, that “[t]he complainant
shall also have the right to sue at common law to recover such deficiency, unless the
court in the foreclosure action has granted or denied a claim for a deficiency
judgment”); Capotosto v. Fifth Third Bank, 230 So. 3d 891, 892 (Fla. 4th DCA
2017) (holding that a defendant cannot “raise an unpled affirmative defense as a
basis for resisting a motion for summary judgment; stating that “[a] litigant cannot
avoid summary judgment by merely asserting a fact without any evidence to support
it”); Accurate Metal Finishing Corp. v. Carmel, 254 So. 2d 556, 557 (Fla. 3d DCA
1971) (“Affirmative defenses must be pleaded and it is not sufficient to sustain a
defense to a summary judgment motion to allege such in affidavits.”).
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