Opinion
Case No. 5D16-1020
06-30-2017
VENTURES TRUST 2013-I-NH, BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Appellant, v. DANA M. JOHNSON AND ROBIN L. JOHNSON, Appellees.
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.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 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. 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.