Carlon v. Levitz Furniture Corp.

District Court of Appeal of Florida

Carlon v. Levitz Furniture Corp.

374 So. 2d 1156

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 1979

DocketNo. 78-1531

StatusPublished

Cited by1 cases

This text of 374 So. 2d 1156 (Carlon v. Levitz Furniture Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carlon v. Levitz Furniture Corp., 374 So. 2d 1156 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The trial court erred in entering summary final judgment against the appellant on the ground that his cause of action for conversion was barred by the statute of limitations. We find that there was a material issue of disputed fact regarding when the appellant’s cause of action accrued. This issue should not have been resolved through summary judgment but was exclusively for the trier of fact to determine. See Hart v. Hart, 234 So.2d 393 (Fla. 1st DCA 1970).

Reversed.

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PER CURIAM.

The trial court erred in entering summary final judgment against the appellant on the ground that his cause of action for conversion was barred by the statute of limitations. We find that there was a material issue of disputed fact regarding when the appellant’s cause of action accrued. This issue should not have been resolved through summary judgment but was exclusively for the trier of fact to determine. See Hart v. Hart, 234 So.2d 393 (Fla. 1st DCA 1970).

Reversed.

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Bluebook (online)

374 So. 2d 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlon-v-levitz-furniture-corp-fladistctapp-1979.

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