A foreclosing bank’s pleading alleging an initial default, outside the five-year limitations period, but which also included subsequent default(s)  was sufficient to avoid dismissal.  Hicks v. Wells Fargo Bank, N.A., 178 So. 3d 957, 959 (Fla. 5th DCA 2015) was inapplicable as it applied only to cases where the bank relies on a single default outside the limitations period.

 

http://www.5dca.org/Opinions/Opin2017/120417/5D16-2983.op.pdf

 

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