U.S. BANK
v.
LEASE CAPITAL
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Summary judgment on a statute of limitations affirmative defense must be reversed when intervening en banc and Supreme Court precedent establishes the legal basis for the original ruling was erroneous.
[1] When intervening precedent from an appellate court's en banc reconsideration or the state supreme court establishes that the legal basis for a prior trial court ruling wa…
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Join FLexlaw to unlock all legal intelligence“the trial court – correctly, based on our precedent at the time, Deutsche Bank Tr. Co. Americas v. Beauvais... – granted summary judgment in favor of Lease Capital, LLC on its statute of limitations affirmative defense. Now that our en banc court decided Beauvais, and the Florida Supreme Court ruled as it did in Bartram v. U.S. Bank Nat'l Ass'n... Lease Capital commendably confesses that the trial court's summary judgment must be reversed”
The court's explanation of why reversal was necessary despite the trial court's initial correctness under then-existing law.
The trial court granted summary judgment in favor of Lease Capital on its statute of limitations affirmative defense in March 2016. Subsequent to that…
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PER CURIAM.
In March 2016, the trial court – correctly, based on our precedent at the time, Deutsche Bank Tr. Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961, at *1 (Fla. 3d DCA Dec. 7, 2014), opinion withdrawn and superseded on reh’g en banc, 188 So. 3d 938 (Fla. 3d DCA 2016) – granted summary judgment in favor of Lease Capital, LLC on its statute of limitations affirmative defense. Now that our en banc court decided Beauvais, and the Florida Supreme Court ruled as it did in Bartram v. U.S. Bank Nat’l Ass’n, 211 So. 3d 1009 (Fla. 2016), Lease Capital commendably confesses that the trial court’s summary judgment must be reversed and the case remanded for further proceedings. We agree, and do so now. Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Britt v. North Carolina, 404 U.S. 226 (U.S. 1971)
- Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
- Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)
- Wilmington Tr. v. Alvarez, 239 So. 3d 1265 (Fla. 3d DCA 2018)
- Dunkin v. State, 188 So. 3d 938 (Fla. 1st DCA 2016)