District Court of Appeal of Florida December 5, 2012, No. 4D11-1854 (Dominko v. Wells Fargo Bank, N.A.)

TAYLOR, J.

Eugene Dominko, the defendant in this mortgage foreclosure action, appeals a final summary judgment of foreclosure. Because Wells Fargo failed to establish that no answer which the defendant might file could present a genuine issue of material fact regarding whether Wells Fargo complied with the condition precedent of providing pre-suit notice of default, we reverse. See Zervas v.