Schlakman v. Burger King, Inc.

District Court of Appeal of Florida

Schlakman v. Burger King, Inc.

432 So. 2d 724, 1983 Fla. App. LEXIS 20522

CourtDistrict Court of Appeal of Florida

DecidedJune 7, 1983

DocketNo. 82-2180

StatusPublished

Cited by1 cases

This text of 432 So. 2d 724 (Schlakman v. Burger King, 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

Schlakman v. Burger King, Inc., 432 So. 2d 724, 1983 Fla. App. LEXIS 20522 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

A mere request by a defendant for a delay in bringing a suit, without any contract or agreement not to plead the statute of limitations, and absent a showing of deliberate conduct by the defendant intended to result in such delay until the statute has run, will not prevent him from asserting the defense. See Fletcher v. Dozier, 314 So.2d 241 (Fla. 1st DCA 1975); 51 Am. Jur.2d Limitation of Actions, § 443 (1970).

Affirmed.

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PER CURIAM.

A mere request by a defendant for a delay in bringing a suit, without any contract or agreement not to plead the statute of limitations, and absent a showing of deliberate conduct by the defendant intended to result in such delay until the statute has run, will not prevent him from asserting the defense. See Fletcher v. Dozier, 314 So.2d 241 (Fla. 1st DCA 1975); 51 Am. Jur.2d Limitation of Actions, § 443 (1970).

Affirmed.

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Bluebook (online)

432 So. 2d 724, 1983 Fla. App. LEXIS 20522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlakman-v-burger-king-inc-fladistctapp-1983.

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