The Fifth District essentially provided the Bank the right to file new lawsuit, less those payments that are more than five-(5) years old, on a new breach subsequent to dismissal with prejudice. See, August 20, 2014 post.
The briefs filed with the Florida Supreme Court may be found here:
Respondent’s Answer Brief
Statute of Limitations Applicable to Acceleration Clauses
On April 25, 2014, the Fifth District Court of Appeal held that a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes even where acceleration had been triggered and the first case was dismissed on the merits. U.S. Bank Nat. Ass’n v. Bartram, 140 So. 3d 1007, 1014 (Fla. 5th DCA 2014)
The Court certified the following question to the Florida Supreme Court:
Does acceleration of payments due under a note and mortgage in a foreclosure action that was dismissed pursuant to rule 1.420(b), Florida Rules of Civil Procedure, trigger application of the statute of limitations to prevent a subsequent foreclosure action by the mortgagee based on all payment defaults occurring subsequent to dismissal of the first foreclosure suit?