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BROWN v. NATIONSCREDIT FINANCIAL SERVICES

No. 1D09-2806.

32 So.3d 661 (2010)

Lola B. BROWN, Eddie J. and Bertha L. Fleming, on behalf of themselves and others similarly situated, Appellants, v. NATIONSCREDIT FINANCIAL SERVICES CORPORATION, Nationscredit Mortgage Corporation of Florida and Bank of America, N.A., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 15, 2010.

Attorney(s) appearing for the Case

Wayne Hogan and Leslie A. Goller, of Terrell, Hogan, Ellis & Yegelwel, P.A., Jacksonville, for Appellants.

David M. Wells and Jack J. Aiello, Gunster, Yoakley & Stewart, P.A., Jacksonville and John H. Culver, III, of K & L Gates, LLP, Charlotte, North Carolina, for Appellees.

WETHERELL, J.

Appellants appeal the trial court's dismissal of their complaint with prejudice on statute of limitations grounds. We affirm.

Appellants filed a complaint as representatives of a putative class on September 4, 2007, raising three counts: violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), unjust enrichment, and breach of the implied duties of good faith and fair dealing. The complaint alleged that Appellants obtained mortgages...

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