*1 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED VENTURES TRUST 2013-I-NH,

BY MCM CAPITAL PARTNERS, LLC,

ITS TRUSTEE,

Appellant, v. Case No. 5D16-1020 DANA M. JOHNSON AND

ROBIN L. JOHNSON,

Appellees.

/ Decision filed June 30, 2017

Appeal from the Circuit Court

for St. Johns County,

Arthur W. Nichols, III, Senior Judge.

Shawn Taylor, of Deluca Law Group, PLLC., Fort

Lauderdale, and Hope T. Cannon, of Bradley Arant

Boult Cummings LLP, Birmingham, Alabama, for

Appellant.

J. Russell Collins and Vincent L. Sullivan, of

Rusty Law, LLC, St. Augustine, for Appellees.

PER CURIAM.

AFFIRMED.

BERGER and EDWARDS, JJ., concur.

EVANDER, J., concurs, with opinion.

Case No. 5D16-1020 EVANDER, J., concurring.

Appellant argues, inter alia , that it was error for the trial court to dismiss its foreclosure action on statute of limitations grounds where the complaint alleged defaults both within and outside the five-year statute of limitations. Because this argument was not preserved below, I agree that affirmance is appropriate.

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