Legal Opinion

Layton v. Bay Lake Ltd. Partnership

District Court of Appeal of Florida

Decided January 23, 2002No. 2D00-5559PublishedCited by 5 opinions

1Opinion of the Court

DAVIS, Judge.

Carol S. Layton challenges the final summary judgment entered against her in *553her foreclosure action against Bay Lake Limited Partnership and United Bank and Trust.1 Since United Bank holds a mortgage that is inferior to Layton’s mortgage, United Bank was named as a party defendant in Layton’s suit. Layton argues that the trial court erred in finding that her foreclosure action was barred by a five-year statute of limitations. We agree and reverse.

Layton was the holder of an unrecorded $110,000 promissory note, executed by Bay Lake on April 4, 1989, with a specified maturity date…

2Cases cited1 opinion

  1. Alropa Corp. v. McNameeSupreme Court of Florida · 1940

3Cited by5 opinions

  1. Houck Corp. v. New River, Ltd., PascoDistrict Court of Appeal of Florida · 2005
  2. CCM Pathfinder Palm Harbor Management, LLC v. Unknown HeirsDistrict Court of Appeal of Florida · 2015
  3. Rodriguez v. Bank of America, N.A.District Court, S.D. Florida · 2014
  4. Armstrong v. U.S. Bank National AssociationDistrict Court, M.D. Florida · 2024
  5. CCM Pathfinder Palm Harbor Management, LLC v. Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other of Norman W. GendronDistrict Court of Appeal of Florida · 2015

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