ZEE v. WILMINGTON SAVINGS FUND SOCIETY FSB (2020)

District Court of Appeal of Florida, Third District.

Arlene ZEE, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., Appellee.

No. 3D20-372

Decided: November 12, 2020

Before LOGUE, HENDON, and GORDO, JJ.

Neustein Law Group, P.A., and Nicole R. Moskowitz, for appellant. Howard Law Group, and Shakiva L. Brown (Boca Raton), for appellee.

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.”).

PER CURIAM.

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