Puente-Blanco v. Capital International Financial, Inc.

District Court of Appeal of Florida

Puente-Blanco v. Capital International Financial, Inc.

537 So. 2d 590, 13 Fla. L. Weekly 2237, 1988 Fla. App. LEXIS 4295, 1988 WL 98582

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1988

DocketNo. 88-193

StatusPublished

Cited by1 cases

This text of 537 So. 2d 590 (Puente-Blanco v. Capital International Financial, 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.

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Puente-Blanco v. Capital International Financial, Inc., 537 So. 2d 590, 13 Fla. L. Weekly 2237, 1988 Fla. App. LEXIS 4295, 1988 WL 98582 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The order under review which dismissed the plaintiff’s amended complaint with prejudice “as being brought without the statute of limitations period” is reversed. The question whether the statute of limitations barred this fraud action depends on whether the plaintiff “by the exercise of reasonable diligence should have known he had a cause of action against [the] defendant.” Here, this question involves disputed issues of material fact which must be determined by a jury. First Federal Savings & Loan Ass’n of Wisconsin v. Dade Federal Savings & Loan Ass’n, 403 So.2d 1097, 1101 (Fla. 5th DCA 1981).

REVERSED AND REMANDED.

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PER CURIAM.

The order under review which dismissed the plaintiff’s amended complaint with prejudice “as being brought without the statute of limitations period” is reversed. The question whether the statute of limitations barred this fraud action depends on whether the plaintiff “by the exercise of reasonable diligence should have known he had a cause of action against [the] defendant.” Here, this question involves disputed issues of material fact which must be determined by a jury. First Federal Savings & Loan Ass’n of Wisconsin v. Dade Federal Savings & Loan Ass’n, 403 So.2d 1097, 1101 (Fla. 5th DCA 1981).

REVERSED AND REMANDED.

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537 So. 2d 590, 13 Fla. L. Weekly 2237, 1988 Fla. App. LEXIS 4295, 1988 WL 98582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puente-blanco-v-capital-international-financial-inc-fladistctapp-1988.

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