ARLENE ZEE v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc.
This text of ARLENE ZEE v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc. (ARLENE ZEE v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed November 12, 2020. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-372 Lower Tribunal No. 18-6623 ________________
Arlene Zee, Appellant,
vs.
Wilmington Savings Fund Society, FSB, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.
Neustein Law Group, P.A., and Nicole R. Moskowitz, for appellant.
Howard Law Group, and Shakiva L. Brown (Boca Raton), for appellee.
Before LOGUE, HENDON, and GORDO, JJ.
PER CURIAM.
Affirmed. Bartram v. U.S. Bank Nat’l Ass’n, 211 So. 3d 1009, 1012 (Fla.
2016) (“When a mortgage foreclosure action is involuntarily dismissed pursuant to Rule 1.420(b), either with or without prejudice, the effect of the involuntary
dismissal is revocation of the acceleration, which then reinstates the mortgagor’s
right to continue to make payments on the note and the right of the mortgagee, to
seek acceleration and foreclosure based on the mortgagor’s subsequent defaults.
Accordingly, the statute of limitations does not continue to run on the amount due
under the note and mortgage.”).
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