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USX CORP. v. SCHILBE

No. 88-769.

535 So.2d 719 (1989)

USX Corporation, F/K/a United States Steel CORP., Appellant, v. Walter H. SCHILBE and Loyal L. Schilbe, Appellees.

District Court of Appeal of Florida, Second District.

January 6, 1989.

Attorney(s) appearing for the Case

Dennis P. Thompson of Thompson & Foote, P.A., Clearwater, for appellant.

Matthew J. Kovschak of John F. Laurent, P.A., Bartow, for appellees.

FRANK, Judge.

The Schilbes initiated an action seeking to recover on a promissory note and to foreclose a mortgage. It is evident from the record that the claims are barred by Florida's law unless an intervening bankruptcy proceeding had an over-riding effect.

The timeliness of an action to foreclose a mortgage is controlled by section 95.11(2)(c), Florida Statutes (1987), and the duration of the lien created by such mortgage is governed by section 95.281...

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