Deutsche Bank Trust Company Americas, Etc. v. Beauvais

I respectfully dissent. In my view, contrary to the majority’s conclusion,-" Singleton v. Greymar Associates12 does not fundamentally alter, sub silentio, decades of Florida statute of limitations jurisprudence.

I. Overview

The statute of limitations for a foreclosure action is five years from when the last element constituting the cause of action occurs. § 95.11(2)(c), Fla. Stat. (2013).

When, as here, a mortgage secures a promissory note containing an optional acceleration clause, the statute of limitations begins to run from the date the lender exercises its acceleration right. Greene v.…