final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Barbara Anne McCarthy, Judge; L.T. Case No.
Ann Capotosto, Pompano Beach, pro se.
S. Fisher of Sprechman & Fisher, P.A., Miami, for
defendant, Gerri Ann Capotosto, timely appeals a final
summary judgment awarding the plaintiff, Fifth Third Bank,
$57, 691.57 in damages for the defendant's breach of a
promissory note. We affirm the entry of summary judgment in
favor of the plaintiff, but remand for the trial court to
correct the amount of the judgment.
plaintiff sued the defendant for breach of a promissory note
executed in connection with a car loan. The defendant filed
an Answer and Affirmative Defenses, claiming primarily that
the alleged debt had been satisfied and that the plaintiff
plaintiff moved for summary judgment, filed an affidavit in
support of summary judgment, and later filed affidavits as to
interest, costs, and attorney's fees. The defendant filed
an unsworn response in opposition to summary judgment, but
did not file any affidavits.
trial court entered a final summary judgment awarding the
plaintiff $57, 691.57 in damages, broken down as follows:
$ 19, 562.79
$ 13, 289.83
$ 22, 818.70
$ 2, 000.00
$ 57, 691.57
of the figures in the final judgment is $58, 291.57, not $57,
691.57. According to the initial brief, the final summary
judgment was "later amended to $58,
291.51." However, there is no amended final summary
judgment in the record on appeal.
defendant now argues that there are triable issues of fact
and that summary judgment was granted in error. According to
the defendant, one such issue of fact concerns the amount of
damages awarded to the plaintiff.
standard of review of an order granting summary judgment is
de novo. Fla. Atl. Univ. Bd. of Trustees v. Lindsey,
50 So.3d 1205, 1206 (Fla. 4th DCA 2010).
movant is entitled to summary judgment "if the pleadings
and summary judgment evidence on file show that there is no
genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law."
Fla. R. Civ. P. 1.510(c). "[T]he burden is upon the
party moving for summary judgment to show conclusively the
complete absence of any genuine issue of material fact."
Albelo v. S. Bell, 682 So.2d 1126, 1129 (Fla. 4th
DCA 1996). However, once the movant's initial burden is
satisfied, "the opposing party must ...