Florida/Georgia Personal Injury & Workers Compensation

...collateral defenses. A reading of the note and security deed in pari-materia with one another, determining the "intent of the parties," a ruling based on the application of Florida's choice of law provisions, or on the difference between Fla. Stat. § 673.1181 and Ga....

...SOL does not reduce the amount owed, it simply requires that lenders “bring suit for all amounts due” within five years of the date on which the cause of action accrues. 5 See Id.; see also Bollettieri, 228 So.3d at 74 ; Fla. Stat. § 95.031 (1); Id. § 95.11(2); Id. § 673.1181....

...ee § 95.11(3), Fla. Stat. (1987), the lawsuit was timely on those claims as well. II. For the reasons stated in note 2 above, we have concluded that this transaction is governed by section 673.122, Florida Statutes (1987), and not the later-enacted section 673.1181, Florida Statutes (Supp. 1992). If, however, section 673.1181 controls, we still reach the same result. Section 673.1181 states that “Chapter 95 governs when an action to enforce an obligation, duty, or right arising under this chapter [673] must be commenced.” Under section 95.031, Florida Statutes (1991), “A cause of action accrues when the las...

...For present purposes we accept plaintiff’s version of the facts, as he is the non-moving party on the Bank's motion for summary judgment. . Repealed by ch. 92-82, § 1, Laws of Fla., effective Jan. 1, 1993. Id. § 62. The legislature substituted § 673.1181, Fla....