Velazquez v. Metropolitan Dade County

District Court of Appeal of Florida

Velazquez v. Metropolitan Dade County

442 So. 2d 1036, 1983 Fla. App. LEXIS 25174

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1983

DocketNo. 83-1140

StatusPublished

Cited by5 cases

This text of 442 So. 2d 1036 (Velazquez v. Metropolitan Dade County) 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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Velazquez v. Metropolitan Dade County, 442 So. 2d 1036, 1983 Fla. App. LEXIS 25174 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We reject the plaintiff’s challenge to section 95.11(3)(a), Florida Statutes (1981), as an unconstitutional denial of access to the courts. Our supreme court has responded to the issues raised herein when it decided Slaughter v. Tyler, 126 Fla. 515, 171 So. 320 (1936), overruled on other grounds, Manning v. Serrano, 97 So.2d 688 (Fla.1957); accord Gasparro v. Horner, 245 So.2d 901 (Fla. 4th DCA 1971). Since the emancipated minor in the present case had access to the courts through his natural parents, the statute of limitations was not tolled during his minority.

Consequently, the order dismissing the complaint is affirmed.

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PER CURIAM.

We reject the plaintiff’s challenge to section 95.11(3)(a), Florida Statutes (1981), as an unconstitutional denial of access to the courts. Our supreme court has responded to the issues raised herein when it decided Slaughter v. Tyler, 126 Fla. 515, 171 So. 320 (1936), overruled on other grounds, Manning v. Serrano, 97 So.2d 688 (Fla.1957); accord Gasparro v. Horner, 245 So.2d 901 (Fla. 4th DCA 1971). Since the emancipated minor in the present case had access to the courts through his natural parents, the statute of limitations was not tolled during his minority.

Consequently, the order dismissing the complaint is affirmed.

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442 So. 2d 1036, 1983 Fla. App. LEXIS 25174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velazquez-v-metropolitan-dade-county-fladistctapp-1983.

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