Black v. Florida Department of Corrections

652 So. 2d 1291, 1995 Fla. App. LEXIS 4218, 1995 WL 234658
District Court of Appeal of Florida·Decided April 24, 1995·No. No. 94-3315·Published·Cited by 2 cases

Opinion

PER CURIAM.

Because appellant’s complaint alleged a tolling of the statute of limitations based on 28 U.S.C. § 1367(d) (Supp.1992), the motion to dismiss based on the statute of limitations claim should have been denied. Truitt v. Metropolitan Mortgage Co., 609 So.2d 142 (Fla. 4th DCA 1992). We reverse the order of dismissal of the complaint and remand this cause to the trial court with instructions to reinstate the complaint.

BOOTH, MINER and BENTON, JJ., concur.

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Black v. Florida Department of Corrections, 652 So. 2d 1291, 1995 Fla. App. LEXIS 4218, 1995 WL 234658 (Fla. Ct. App. 1995).

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