Deutsche Bank National Trust Co. v. Corrigan (232 So. 3d 1162, 2017)

PER CURIAM.

Deutsche Bank National Trust Company (“Bank”) appeals the final judgment dismissing its foreclosure complaint against Myles P. Corrigan and Deborah A. Smith as barred by the statute of limitations under Hicks v. Wells Fargo Bank, N.A., 178 So.3d 957, 959 (Fla. 5th DCA 2015). Because Hicks is limited to cases where the bank relies on a single default outside the limitations period, see Klebanoff v. Bank of N.Y. Mellon, 228 So.3d 167, 168-69 (Fla. 5th DCA 2017), it is inapplicable here. In this case, Bank’s foreclosure action alleges not just the initial default, which is outside the five-year limitations period, but subsequent defaults as well. Thus, the statute of limitations does not bar Bank’s foreclosure action, and it was error to conclude otherwise. Id. Accordingly, we reverse the final judgment under review and remand for further proceedings.

REVERSED and REMANDED.

SAWAYA, BERGER and LAMBERT, concur.