Ventures Trust v. Johnson

• Court: District Court of Appeal of Florida
• Decided: June 26, 2017
• Docket: 5D16-1020
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

VENTURES TRUST 2013-I-NH, BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE,

Appellant,

v. Case No. 5D16-1020

DANA M. JOHNSON AND ROBIN L. JOHNSON,

Appellees. /

Decision filed June 30, 2017

Appeal from the Circuit Court for St. Johns County, Arthur W. Nichols, III, Senior Judge.

Shawn Taylor, of Deluca Law Group, PLLC., Fort Lauderdale, and Hope T. Cannon, of Bradley Arant Boult Cummings LLP, Birmingham, Alabama, for Appellant.

J. Russell Collins and Vincent L. Sullivan, of Rusty Law, LLC, St. Augustine, for Appellees.

PER CURIAM.

AFFIRMED.

BERGER and EDWARDS, JJ., concur. EVANDER, J., concurs, with opinion. Case No. 5D16-1020

EVANDER, J., concurring.

Appellant argues, inter alia, that it was error for the trial court to dismiss its

foreclosure action on statute of limitations grounds where the complaint alleged defaults

both within and outside the five-year statute of limitations. Because this argument was

not preserved below, I agree that affirmance is appropriate.