As an update to the Statute of Limitations law in Florida, both the borrower Lewis Bartram, and the second mortgagee Gideon Gratsiani, have filed separate Motions for Rehearing, and alternatively, for clarification of the Court’s Opinion that was rendered on November 3, 2016.
LEWIS BARTRAM MOTION FOR REHEARING
Mr. Bartram is claiming that the Court’s Opinion ignores the majority view of other states and instead relies on the narrower decisions of lower courts within the State of Florida. Mr. Bartram is also asking the Court to reconsider its finding that a case dismissed without prejudice cancels an acceleration. As a final argument, Mr. Bartram claims the Supreme Court overreached into the Legislative obligations when they issued their ruling revising Florida’s Statute of Limitations law.
GIDEON GRATSIANI MOTION FOR REHEARING
Among other arguments, the second mortgagee claims that the Court’s Opinion that acceleration is automatically revoked after dismissal conflicts with established precedent and that the terms of the note and mortgage do not warrant this application of the law. He also argues that the Court misapplied the ruling in Singleton and that a dismissal should not return the parties back to the same contractual relationship that existed prior to default.
Considering how long the Supreme Court took to issue the November 3, 2016 Opinion, we do not believe that there will be any significant revisions or adjustments to the same. However, we are optimistic that counsel for U.S. Bank will seize this opportunity to file a reply to the Motions for Rehearing that will seek clarification of issues not covered in the Bartram decision. We truly appreciate your partnership and will keep you apprised of the next actions taken by either counsel or the Supreme Court.
Pursuant to Florida Appellate Rules, Bartram is not yet final until the issuance of the final Mandate. Accordingly, we are waiting for the Court to rule on the Motions for Rehearing AND release the final Mandate.
For your convenience, both of the Motions for Rehearing are linked below:
The attorneys of ALAW remain well attuned to our ever-changing legal landscape and are prepared to provide you with unparalleled representation every step of the way.
For more information on this legal update or any other legislative matters, please contact:
Nathan P. Gryglewicz
ALAW Partner, Foreclosure Legal Operations
NOTICE: Legal Alerts are provided by ALAW for education and information purposes only and is not intended to provide legal advice on any specific subjects. Please consult your attorney for more information.