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statute of limitations
By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. On April 13, 2016, the Third District Court of Appeal (“Third DCA”) ruled that the five year statute of limitations does not ban a subsequent foreclosure action where a dismissed prior foreclosure suit was filed more than five years ago. The decision brings the...
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By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A common defense in mortgage foreclosure actions is that the statute of limitations has run. In Florida, mortgage foreclosure actions are subject to a five year statute of limitations pursuant to Fla. Stat. § 95.11(2)(c). The statute of limitations begins running from the...
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By Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. One of the issues that frequently crops up in Florida legal malpractice actions is when, exactly, the statute of limitations begins to run. What at first would seem to be a fairly straightforward issue, has actually resulted in numerous Florida Supreme Court and...
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