Wilmington Trust, N.A. v. Alvarez, 239 So. 3d 1265 (2018)

March 14, 2018 · District Court of Appeal of Florida, Third District · No. 3D15–2796
239 So. 3d 1265

WILMINGTON TRUST, N.A., etc., Appellant,
v.
Luis M. ALVAREZ, et al., Appellees.

No. 3D15-2796

District Court of Appeal of Florida, Third District.

Opinion filed March 14, 2018

Holland & Knight LLP, and Brian K. Hole and Katherine M. Joffe (Fort Lauderdale), for appellant.

Wesoloski Carlson, P.A., and Erik Wesoloski, for appellee BCML Holding LLC.

Before ROTHENBERG, C.J., and SCALES and LINDSEY, JJ.

PER CURIAM.

*1266In this foreclosure case, Wilmington Trust NA Successor Trustee to Citibank N.A. Trustee in Trust for Registered Holders of Bear Stearns Asset-Backed Certificates 2007-SD2 Asset-Backed Certificates Series 2007-SD2 ("Wilmington Trust"), the plaintiff below, appeals an October 29, 2015 final summary judgment in favor of BCML Holding LLC ("BCML"), the defendant below.

As reflected by BCML's motion for summary judgment and the transcripts of the summary judgment hearing, the trial court held that Wilmington Trust's foreclosure action was barred by the statute of limitations based upon this Court's then current panel decision in Deutsche Bank Trust Co. Americas v. Beauvais, 40 Fla. L. Weekly D1, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). While Wilmington Trust's appeal was pending, however, this Court withdrew the Beauvais panel opinion, substituting an en banc opinion in its stead. See Deutsch Bank Trust Co. Americas v. Beauvais, 188 So.3d 938 (Fla. 3d DCA 2016) (en banc ). We therefore reverse the final summary judgment and remand this cause to the lower court for further consideration in light of our Beauvais en banc opinion.1

Reversed and remanded.