The Florida Supreme Court held that the five-(5) year statute of limitations did not bar foreclosure for missed monthly payments even though the mortgage had been previously accelerated during earlier litigation.
In summary, the ruling would appear to resolve a continued dispute among lenders and borrowers whether a prior unsuccessful foreclosure would allow borrowers to avoid the entire obligation under the note and mortgage for subsequent defaults. A lender is free to foreclose again, whether the dismissal was voluntary or involuntary, as long as the subsequent default occurred within five years of the subsequent foreclosure action.
A copy of the opinion may be found here: