FLA 4DCA: LINDGREN v. DEUTSCHE BANK NATIONAL TRUST COMPANY – A complaint based on “information and belief,” and not personal knowledge, is insufficient.

Court

JANICE RUBBO LINDGREN, Appellant,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee.

No. 4D12-2568.
District Court of Appeal of Florida, Fourth District.
June 19, 2013 

Bruce R. Jacobs of Wedderburn & Jacobs, P.A., Hollywood, for appellant.

No brief filed on behalf of appellee.

PER CURIAM.

We reverse the final summary judgment of foreclosure as appellant’s affirmative defenses were not conclusively refuted on the record. The trial court relied on the allegations in a verified complaint to refute the defenses. While a verified complaint may serve the same purpose as an affidavit for purposes of a summary judgment, the complaint’s allegations must meet the requirements of the rule governing supporting and opposing affidavits. See Ballinger v. Bay Gulf Credit Union, 51 So. 3d 528, 529 (Fla. 2d DCA 2010). Florida Rule of Civil Procedure 1.510(e) requires that affidavits must be based on personal knowledge and shall “show affirmatively that the affiant is competent to testify to the matters stated therein.” A complaint based on “information and belief,” and not personal knowledge, is insufficient. Id. Here, the complaint was not based upon personal knowledge and was insufficient to meet the requirements of the rule.

Reversed and remanded for further proceedings.

WARNER, DAMOORGIAN and CONNER, JJ., concur.

Not final until disposition of timely filed motion for rehearing.

Copy of the opinion below…

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4closureFraud.org

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LINDGREN v. DEUTSCHE BANK NATIONAL TRUST COMPANY

Comments
One Response to “FLA 4DCA: LINDGREN v. DEUTSCHE BANK NATIONAL TRUST COMPANY – A complaint based on “information and belief,” and not personal knowledge, is insufficient.”
  1. neidermeyer says:

    That right there will stop over 50% of Florida foreclosures dead in their tracks ,,, the other 50% contain the lie that the complaint is based on “personal knowledge” … recent LPS depositions will kill those…

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