Third District Court of Appeal
State of Florida
Opinion filed November 12, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-372
Lower Tribunal No. 18-6623
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Arlene Zee,
Appellant,
vs.
Wilmington Savings Fund Society, FSB, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas,
Judge.
Neustein Law Group, P.A., and Nicole R. Moskowitz, for appellant.
Howard Law Group, and Shakiva L. Brown (Boca Raton), for appellee.
Before LOGUE, HENDON, and GORDO, JJ.
PER CURIAM.
Affirmed. Bartram v. U.S. Bank Nat’l Ass’n, 211 So. 3d 1009, 1012 (Fla.
2016) (“When a mortgage foreclosure action is involuntarily dismissed pursuant
to Rule 1.420(b), either with or without prejudice, the effect of the involuntary
dismissal is revocation of the acceleration, which then reinstates the mortgagor’s
right to continue to make payments on the note and the right of the mortgagee, to
seek acceleration and foreclosure based on the mortgagor’s subsequent defaults.
Accordingly, the statute of limitations does not continue to run on the amount due
under the note and mortgage.”).
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