Ballinger v. Bay Gulf Credit Union
51 So. 3d 528
Fla. Dist. Ct. App.2010Background
- Ballinger appeals a final summary judgment for Bay Gulf Credit Union regarding repossession of three financed luxury vehicles.
- Bay Gulf's verified complaint included a verification by Shannon Lenth stating facts were true to the best of her knowledge and belief.
- During summary judgment, Ballinger attempted to file an opposing affidavit, which the court refused to accept due to timing.
- The trial court rejected Ballinger’s claim that the verified complaint alone could support final summary judgment.
- Florida rule requires affidavits to be based on personal knowledge; a verification based on information and belief may be insufficient.
- The court held the verification here did not demonstrate personal knowledge and thus failed Rule 1.510(e); the judgment was improvidently entered and must be reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a verified complaint can support summary judgment | Ballinger contends the verified complaint may serve as the necessary affidavit. | Bay Gulf argues the verification meets requirements or should be considered as such. | No; defective verification based on information and belief cannot support judgment. |
Key Cases Cited
- Boettcher v. IMC Mortgage Co., 871 So.2d 1047 (Fla. 2d DCA 2004) (verified complaint may substitute for an affidavit if rules governing affidavits are met)
- Muss v. Lennar Fla. Partners I, L.P., 673 So.2d 84 (Fla. 4th DCA 1996) (verification based on information and belief is insufficient)
- Barton v. Circuit Court of the Nineteenth Judicial Circuit, 659 So.2d 1262 (Fla. 4th DCA 1995) (verification must be based on personal knowledge)
- Thompson v. Citizens Nat’l Bank of Leesburg, 433 So.2d 32 (Fla. 5th DCA 1983) (personal knowledge requirement for verification)