VENTURES TRUST 2013 NH BY MCM CAPITAL PARTNERS LLC ITS TRUSTEE v. DANA JOHNSON AND ROBIN JOHNSON (2017)

District Court of Appeal of Florida, Fifth District.

VENTURES TRUST 2013-I-NH, BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, Appellant, v. DANA M. JOHNSON AND ROBIN L. JOHNSON, Appellees.

Case No. 5D16-1020

Decided: June 30, 2017

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.

AFFIRMED.

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.

PER CURIAM.

BERGER and EDWARDS, JJ., concur. EVANDER, J., concurs, with opinion.

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