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WELLS FARGO BANK, N.A. v. FRANCISCO, 5:13-cv-293-RS-EMT. (2014)

Court: District Court, N.D. Florida Number: infdco20140911859 Visitors: 10
Filed: Sep. 10, 2014
Latest Update: Sep. 10, 2014
Summary: ORDER RICHARD SMOAK, District Judge. Before me is Defendant Karsner's Motion for Summary Judgment (Doc. 78). The basic issue before the court on a motion for summary judgment is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 251, 106 S.Ct. 2505, 2512, 91 L. Ed. 2d 202 (1986). The moving party has the burden of showing the
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ORDER

RICHARD SMOAK, District Judge.

Before me is Defendant Karsner's Motion for Summary Judgment (Doc. 78).

The basic issue before the court on a motion for summary judgment is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251, 106 S.Ct. 2505, 2512, 91 L. Ed. 2d 202 (1986). The moving party has the burden of showing the absence of a genuine issue as to any material fact, and in deciding whether the movant has met this burden, the court must view the movant's evidence and all factual inferences arising from it in the light most favorable to the nonmoving party. Adickes v. S. H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L. Ed. 2d 142 (1970); Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir. 1993). Thus, if reasonable minds could differ on the inferences arising from undisputed facts, then a court should deny summary judgment. Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518, 1534 (11th Cir. 1992) (citing Mercantile Bank & Trust v. Fidelity & Deposit Co., 750 F.2d 838, 841 (11th Cir. 1985)). However, a mere `scintilla' of evidence supporting the nonmoving party's position will not suffice; there must be enough of a showing that the jury could reasonably find for that party. Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990) (citing Anderson, 477 U.S. at 251).

Karsner contends that his mortgage was indisputably released by Wells Fargo. Wells Fargo counters that while the mortgage was released, it was only released because they refinanced the mortgage, and they are now suing over the newer mortgage.

Disputed issues of material facts clearly remain in this case. Accordingly, Defendant Karsner's Motion for Summary Judgment (Doc. 78) is DENIED.

ORDERED.

Source:  Leagle

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