Legal Opinion · Concurrence
Bollettieri Resort Villas Condominium Association, Inc. v. the Bank of New York Mellon, etc.
Supreme Court of Florida
Decided October 12, 2017No. SC16-1680Published
1ConcurrenceLawson, J.
I agree that the conflict certified in Bollettieri Resort Villas Condominium Ass’n, Inc. v. Bank of New York Mellon, 198 So.3d 1140 (Fla. 2d DCA 2016), review granted, No. SC16-1680, 2016 WL 9454216 (Fla. 2016), has been resolved. The original conflict issue, however, was no more than the latest symptom of a more serious problem: a widespread and fundamental misunderstanding, in Florida, regarding how the statute of limitations, § 95.11(2)(c), Fla. Stat. (2017), operates vis-á-vis a long-term note (and mortgage). The law used to be well-settled and clear:
The American cases are agreed that,…
2Cases cited8 opinions
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
- & SC14-1266 & SC14-1305 Lewis Brooke Bartram v. U.S. Bank National Association, etc. & The Plantation at Ponte Vedra v. U.S. Bank National Association, etc. & Gideon M.G. Gratsiani v. U.S. Bank National Association, etc.Supreme Court of Florida · 2016
- State Farm Mut. Auto. Ins. Co. v. LeeSupreme Court of Florida · 1996
- U.S. Bank National Ass'n v. BartramDistrict Court of Appeal of Florida · 2014
- Gaynon v. StatumSupreme Court of Florida · 1942
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