Summary
The Florida Third District Court of Appeal reverses a final summary judgment entered in favor of Vladimir Budaev and Budaevs Holdings LLC. The court holds that Liudmila Golubtsova’s affidavit, which denied authorizing or signing a quitclaim deed transferring marital property, created a genuine issue of material fact concerning the deed’s validity. The case is remanded for further proceedings.
Holdings
- Golubtsova's affidavit was not conclusory because it contained an unequivocal denial, based on her review of the notarization video, that she was present or executed the quitclaim deed. The affidavit therefore created a genuine issue of material fact as to whether the signature on the deed was hers.
Questions Presented
- Whether Golubtsova's affidavit, which unequivocally denied that she was present or executed the quitclaim deed, created a genuine issue of material fact precluding summary judgment.
- Whether the trial court erred by entering final summary judgment in favor of the appellees.
Disposition
reversed_and_remanded
Cases Cited (10)
- Ottey v. Citizens Prop. Ins. Corp., 299 So. 3d 500, 501 (Fla. 3d DCA 2020)(followed)
- White v. Ferco Motors Corp., 260 So. 3d 388, 390 (Fla. 3d DCA 2018)(followed)
- Betancourt v. Citizens Prop. Ins. Corp., 406 So. 3d 1011, 1013 (Fla. 3d DCA 2025)(followed)
- Romero v. Midland Funding, LLC, 358 So. 3d 806, 808 (Fla. 3d DCA 2023)(followed)
- Carter v. Cont'l Cas. Co., 978 So. 2d 247, 248 (Fla. 5th DCA 2008)(followed)
- Benner v. Royce, 354 So. 2d 142, 143 (Fla. 1st DCA 1978)(contrasted)
- Marquez v. Heim Corp., 632 So. 2d 85, 86 (Fla. 3d DCA 1993)(followed)
- Sun Chevrolet v. Crespo, 613 So. 2d 105 (Fla. 3d DCA 1992)(followed)
- Citizens Prop. Ins. Corp. v. Ifergane, 114 So. 3d 190, 197 (Fla. 3d DCA 2012)(followed)
- Hollinger v. Hollinger, 292 So. 3d 537, 541 (Fla. 5th DCA 2020)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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