Carrington Mortgage Services, LLC v. Michael Tessenear, Cary L. Tessenear, and Steven K. Jonas, as Trustee of the 4785 Oakfield Circle Trust, Dated February 28, 2006
The Fifth DCA reversed the dismissal of a mortgagee's reformation claim as time-barred, holding that an equitable action to reform a written instrument is not governed by the five-year statute of limitations in section 95.11(2)(b), Florida Statutes. Because reformation is a long-established equitable action to correct a mutual mistake rather than an action to enforce the terms of a written instrument, it is governed by the equitable doctrine of laches absent statutory modification.
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