If summary judgment is denied, then the plaintiff must set the matter for trial. At trial you must present the evidence that supports your affirmative defense and disclaims the plaintiff’s allegations in the complaint. In the Florida foreclosure process, the trial is before a judge (without a jury). At the trial, the plaintiff must produce all witnesses and documents in support of its claim against the defendant. You must do the same for all the defenses and counterclaims you have brought on behalf of your client. Both sides argue their case. If you filed a counterclaim that was not resolved during the summary judgment hearing, the counterclaim may be heard at a separate trial.
