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

District Court of Appeal of Florida·Decided June 7, 1983·No. No. 82-2180·Published·Cited by 1 cases

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.

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

Pincite

432 So. 2d 724 (Schlakman v. Burger King, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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