[Download] "Richard Trant v. Janice Trant" by Second District Court of Appeal of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: Richard Trant v. Janice Trant
- Author : Second District Court of Appeal of Florida
- Release Date : January 14, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Alachua County appeals an amended final judgment of foreclosure, foreclosing two mortgages, one held by Larry Ross and one held by Larry H. Cheshire. Contrary to Alachua Countys contentions, we find that the trial court did not err in finding adequate consideration for Rosss note and mortgage, and therefore affirm this point without further discussion. We write further to address Alachua Countys contention that foreclosure of Cheshires mortgage, securing a $15,000 note, was barred by the statute of limitations, section 95.281(1)(a), Florida Statutes (1985), which provides that a mortgage lien terminates five years from the date of maturity of the note secured by the mortgage. We agree with the trial court that based upon the facts, which are more fully set forth below, the doctrine of equitable estoppel and/or equitable tolling precludes Alachua County from raising the statute of limitations as a defense to Cheshires foreclosure action. We therefore affirm the final judgment in all respects.