Cape Coral Loan Acquisitions, LLC v. 924 Del Prado, LLC
Borrowers who had signed a settlement agreement promising not to "assert any defenses of any nature whatsoever" to the lender's enforcement of the loan documents nevertheless obtained summary judgment on statute-of-limitations grounds in the lender's foreclosure suit. The Sixth DCA reversed, holding that because the statute of limitations is an affirmative defense, the plain, unambiguous waiver language in the settlement agreement barred its assertion.
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