Filed: Jun. 26, 2017
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED VENTURES TRUST 2013-I-NH, BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Appellant, v. Case No. 5D16-1020 DANA M. JOHNSON AND ROBIN L. JOHNSON, Appellees. / Decision filed June 30, 2017 Appeal from the Circuit Court for St. Johns County, Arthur W. Nichols, III, Senior Judge. Shawn Taylor, of Deluca Law Group, PLLC., Fort Lauderdale, and Hop
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED VENTURES TRUST 2013-I-NH, BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Appellant, v. Case No. 5D16-1020 DANA M. JOHNSON AND ROBIN L. JOHNSON, Appellees. / Decision filed June 30, 2017 Appeal from the Circuit Court for St. Johns County, Arthur W. Nichols, III, Senior Judge. Shawn Taylor, of Deluca Law Group, PLLC., Fort Lauderdale, and Hope..
More
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED VENTURES TRUST 2013-I-NH, BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Appellant, v. Case No. 5D16-1020 DANA M. JOHNSON AND ROBIN L. JOHNSON, Appellees. / Decision filed June 30, 2017 Appeal from the Circuit Court for St. Johns County, Arthur W. Nichols, III, Senior Judge. Shawn Taylor, of Deluca Law Group, PLLC., Fort Lauderdale, and Hope T. Cannon, of Bradley Arant Boult Cummings LLP, Birmingham, Alabama, for Appellant. J. Russell Collins and Vincent L. Sullivan, of Rusty Law, LLC, St. Augustine, for Appellees. PER CURIAM. AFFIRMED. BERGER and EDWARDS, JJ., concur. EVANDER, J., concurs, with opinion. Case No. 5D16-1020 EVANDER, J., concurring. Appellant argues, inter alia, that it was error for the trial court to dismiss its foreclosure action on statute of limitations grounds where the complaint alleged defaults both within and outside the five-year statute of limitations. Because this argument was not preserved below, I agree that affirmance is appropriate. 2
