Mayedo v. Oolite Industries, Inc.

District Court of Appeal of Florida

Mayedo v. Oolite Industries, Inc.

566 So. 2d 879, 1990 Fla. App. LEXIS 6882, 1990 WL 129939

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1990

DocketNo. 90-789

StatusPublished

Cited by2 cases

This text of 566 So. 2d 879 (Mayedo v. Oolite Industries, Inc.) 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

Mayedo v. Oolite Industries, Inc., 566 So. 2d 879, 1990 Fla. App. LEXIS 6882, 1990 WL 129939 (Fla. Ct. App. 1990).

Pincite

Opinion

SCHWARTZ, Chief Judge.

This action was terminated below on statute of limitation grounds. The judgment represents an aggravated and obviously unacceptable case of both a reliance upon a meaningless technicality concerning the precise status of the corporate defendant as designated in the original complaint and the use of the ambush school of litigation in which the alleged defect was revealed only after the statutory period provided by section 607.297, Florida Statutes (1985) had already run. It is' therefore reversed. Cabot v. Clearwater Constr. Co., 89 So.2d 662 (Fla.1956); Argenbright v. J.M. Fields Co., 196 So.2d 190 (Fla. 3d DCA 1967), cert. denied, 201 So.2d 895 (Fla.1967); Galuppi v. Viele, 232 So.2d 408 (Fla. 4th DCA 1970), cert. denied, 238 So.2d 109 (Fla.1970). The lessons sought to be taught by such cases as Sobel v. Jefferson Stores, Inc., 459 So.2d 433 (Fla. 3d DCA 1984) have apparently yet to be learned.

Free access — add to your briefcase to read the full text and ask questions with AI

SCHWARTZ, Chief Judge.

This action was terminated below on statute of limitation grounds. The judgment represents an aggravated and obviously unacceptable case of both a reliance upon a meaningless technicality concerning the precise status of the corporate defendant as designated in the original complaint and the use of the ambush school of litigation in which the alleged defect was revealed only after the statutory period provided by section 607.297, Florida Statutes (1985) had already run. It is' therefore reversed. Cabot v. Clearwater Constr. Co., 89 So.2d 662 (Fla.1956); Argenbright v. J.M. Fields Co., 196 So.2d 190 (Fla. 3d DCA 1967), cert. denied, 201 So.2d 895 (Fla.1967); Galuppi v. Viele, 232 So.2d 408 (Fla. 4th DCA 1970), cert. denied, 238 So.2d 109 (Fla.1970). The lessons sought to be taught by such cases as Sobel v. Jefferson Stores, Inc., 459 So.2d 433 (Fla. 3d DCA 1984) have apparently yet to be learned.

Cite This Page — Counsel Stack

Bluebook (online)

566 So. 2d 879, 1990 Fla. App. LEXIS 6882, 1990 WL 129939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayedo-v-oolite-industries-inc-fladistctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack