IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
VENTURES TRUST 2013-I-NH,
BY MCM CAPITAL PARTNERS, LLC,
ITS TRUSTEE,
Appellant,
v. Case No. 5D16-1020
DANA M. JOHNSON AND
ROBIN L. JOHNSON,
Appellees.
/
Decision filed June 30, 2017
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.
Case No. 5D16-1020
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.
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