Talbot v. Talbot

District Court of Appeal of Florida

Talbot v. Talbot

378 So. 2d 1307, 1980 Fla. App. LEXIS 15418

CourtDistrict Court of Appeal of Florida

DecidedJanuary 4, 1980

DocketNo. 78-2203

StatusPublished

Cited by2 cases

This text of 378 So. 2d 1307 (Talbot v. Talbot) 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

Talbot v. Talbot, 378 So. 2d 1307, 1980 Fla. App. LEXIS 15418 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The trial court dismissed appellant’s action with prejudice on the grounds that the three year statutory limitation period in effect at the time the cause of action accrued had expired. Shortly after the cause of action accrued and well before the three year period expired, the limitation period was increased by the legislature to four years. We believe the appellant was entitled to file his action within the enlarged four year period. Mazda Motors of America, Inc. v. S. C. Henderson & Sons, Inc., 364 So.2d 107 (Fla. 1st DCA 1978).

Accordingly, the order of dismissal is hereby reversed with directions for further proceedings in accordance herewith.

ANSTEAD, LETTS and HERSEY, JJ., concur.

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PER CURIAM.

The trial court dismissed appellant’s action with prejudice on the grounds that the three year statutory limitation period in effect at the time the cause of action accrued had expired. Shortly after the cause of action accrued and well before the three year period expired, the limitation period was increased by the legislature to four years. We believe the appellant was entitled to file his action within the enlarged four year period. Mazda Motors of America, Inc. v. S. C. Henderson & Sons, Inc., 364 So.2d 107 (Fla. 1st DCA 1978).

Accordingly, the order of dismissal is hereby reversed with directions for further proceedings in accordance herewith.

ANSTEAD, LETTS and HERSEY, JJ., concur.

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378 So. 2d 1307, 1980 Fla. App. LEXIS 15418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talbot-v-talbot-fladistctapp-1980.

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