Gerardo Gonzalez, et al v. Wells Fargo Bank, N.A.


Opinion issued by court as to Appellants Gerardo Gonzalez and Yamel Gonzalez. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

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Case: 14-13951 Date Filed: 05/14/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-13951 Non-Argument Calendar ________________________ D.C. Docket No. 1:13-cv-23281-JAL GERARDO GONZALEZ, YAMEL GONZALEZ, Plaintiffs - Appellants, versus WELLS FARGO BANK, N.A., A National Bank Association, f.k.a. Wachovia Bank, Defendant - Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (May 14, 2015) Case: 14-13951 Date Filed: 05/14/2015 Page: 2 of 2 Before MARCUS, WILSON, and WILLIAM PRYOR, Circuit Judges. PER CURIAM: Gerardo Gonzalez and Yamel Gonzalez appeal the dismissal of their complaint against Wells Fargo Bank as time-barred by Florida’s four-year statute of limitations for fraud claims. Their complaint alleges that Wells Fargo fraudulently induced them to obtain a $600,000 home equity loan for which they were unqualified and one which they were unable to pay back. They contend that the statute of limitations clock began to run either in (1) April of 2007 when they closed on the loan, or (2) July 2008 when William Martucci, Yamel’s father, ceased making payments on the loan, which is when they either discovered or should have discovered the accrual of the fraud. Taking the allegations of the complaint as true and upon thorough review, we conclude that the district court was correct in dismissing the case pursuant to Federal Rule of Criminal Procedure 12(b)(6) because the Gonzalezes’ complaint was filed more than four years after either scenario. Therefore, the judgment of the district court is AFFIRMED. 2

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