Talbot v. Talbot

District Court of Appeal of Florida

Talbot v. Talbot

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

District Court of Appeal of Florida·Decided January 4, 1980·No. No. 78-2203·Published·Cited by 2 cases

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.

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

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.

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

Pincite

378 So. 2d 1307 (Talbot v. Talbot) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related