MARIA CAPELES v. BANK OF AMERICA, N.A.

Third District Court of Appeal
State of Florida
Opinion filed December 23, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2581
Lower Tribunal No. 14-8365
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Maria Capeles,
Appellant,
vs.
Bank of America, N.A.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig,
Judge.
Dennis A. Donet, P.A., and Dennis A. Donet, for appellant.
Kelley Kronenberg and Jacqueline Costoya Guberman (Fort Lauderdale), for
appellee.
Before SCALES, MILLER and LOBREE, JJ.
PER CURIAM.
Affirmed. See Hayes v. Reverse Mortg. Sols., Inc., 260 So. 3d 391, 395 (Fla.
3d DCA 2018) (holding that Bartram v. U.S. Bank National Ass’n, 211 So. 3d 1009,
1019 (Fla. 2016), applied where mortgage at issue contained optional acceleration
clause and note had definitive maturation date); Nationstar Mortg. LLC v. LHF
Hudson, LLC, 271 So. 3d 1073, 1077 (Fla. 3d DCA 2019) (“As Bartram . . . did not
change the law in Florida regarding the application of the statute of limitations in
foreclosure actions, . . . Nationstar’s complaint [sufficiently] allege[d] that Hudson
‘defaulted under the Note and Mortgage by failing to pay the payment due January
[1], 2008 and all subsequent payments.’”).
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