Zlotogura v. Geller

District Court of Appeal of Florida

Zlotogura v. Geller

681 So. 2d 778, 1996 Fla. App. LEXIS 10039, 1996 WL 539626

District Court of Appeal of Florida·Decided September 25, 1996·No. No. 95-2170·Published

Opinion

PER CURIAM.

We agree with the trial court that Chapter 92-102, section 2, Laws of Florida, which was the 1992 amendment to section 95.11, Florida Statutes (1991), did not create a new cause of action for child abuse. An amendment extending the time for pursuing a cause of action does not create a new cause of action, and such an amendment cannot revive a time-barred cause of action. Wiley v. Roof, 641 So.2d 66 (Fla.1994). Therefore the final summary judgment dismissing the time-barred alleged cause of such action is affirmed. See Lindabury v. Lindabury, 552 So.2d 1117 (Fla. 3d DCA 1989), dismissed, 560 So.2d 233 (Fla.1990); Boyce v. Cluett, 672 So.2d 858 (Fla. 4th DCA 1996).

Affirmed.

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PER CURIAM.

We agree with the trial court that Chapter 92-102, section 2, Laws of Florida, which was the 1992 amendment to section 95.11, Florida Statutes (1991), did not create a new cause of action for child abuse. An amendment extending the time for pursuing a cause of action does not create a new cause of action, and such an amendment cannot revive a time-barred cause of action. Wiley v. Roof, 641 So.2d 66 (Fla.1994). Therefore the final summary judgment dismissing the time-barred alleged cause of such action is affirmed. See Lindabury v. Lindabury, 552 So.2d 1117 (Fla. 3d DCA 1989), dismissed, 560 So.2d 233 (Fla.1990); Boyce v. Cluett, 672 So.2d 858 (Fla. 4th DCA 1996).

Affirmed.

Zlotogura v. Geller, 681 So. 2d 778, 1996 Fla. App. LEXIS 10039, 1996 WL 539626 (Fla. Ct. App. 1996).

Pincite

681 So. 2d 778 (Zlotogura v. Geller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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