Robert Imbody v. Fifth Third Bank

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Robert Imbody appeals the trial court’s judgment in favor of Fifth Third Bank (“the Bank”) on the Bank’s complaint alleging breach of a promissory note secured by a motor vehicle. The Bank repossessed the vehicle, charged off the balance of the note, and ultimately sold the vehicle at auction. The Bank sued Imbody for the deficiency balance. The question presented on appeal is whether the Bank’s complaint is barred by the applicable statute of limitations. We hold that the Bank’s repossession of the collateral accelerated payment on the note, which…