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Florida SOL and tolling by lawsuit


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I have a question for the Florida legal experts out there. I have a case that is based on a written contract (loan not credit card) the default occurred in July 2011. That should put the SOL running out August 2016. They filed suit September 2014 and the case is still pending. So far they have lost every motion and look like they may fold although I might get it dismissed here shortly if I am successful in arguing the dismissal I intend to file. I don't want to go into specifics of my pleadings in case they lurk in this forum. My questions are strictly SOL related.

1) If they voluntarily dismiss my understanding is that the SOL is paused but not tolled. IE that upon dismissal the date SOL would be reached, August 2016 would remain the same. Is that correct? 

2) Or is it truly tolled and thus causing the SOL date to reset for the time the lawsuit was active IE Assuming dismissal February 1st 2017, the SOL resets to add in the 28 months the case was active thus changing the SOL to December 2018?

3) Regardless of the answer for a voluntarily dismissal will it work the same if I win on a Motion to Dismiss as it would for the voluntary?

Thanks in advance for any help, if you could add any caselaw to back up your answers that would be of great assistance as I have only found caselaw situated around choice of law or a straight running of the SOL.

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If the case is dismissed, the SOL acts as if the case was never filed so that means the August 2016 date would apply for SOL. The SOL is only stopped by the case, not tolled. It does not matter how the case is dismissed (voluntary or by motion) or whether the dismissal is with or without prejudice so I would not worry about those terms at this point.

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Thanks whocares1000, thats been my understanding is that it is paused but not tolled. Still looking for caselaw because at mediation when I advised I would not agree to a payment arrangement (really all they would even discuss) and that I was going to move to dismiss the case, they brought up that even if I were to get the case dismissed SOL was tolled and they could bring it back if they wished. I simply said they were incorrect and that SOL would still be August 2016. They tried to argue but I just moved on. 

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I feel the same way, hope that some FL experts chime in. Still nothing out there specific caselaw and it's making me feel more confident that it is paused not tolled. If it wasn't I would expect to see something out there that it is tolled and I'm not. Would be nice to know for sure.

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