JOHN TALBOT, APPELLANT,
v.
GEORGE WILLIAM TALBOT, PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE W. TALBOT, JR., DECEASED, APPELLEE
JOHN TALBOT, APPELLANT,
GEORGE WILLIAM TALBOT, PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE W. TALBOT, JR., DECEASED, APPELLEE
378 So. 2d 1307
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Standford Birnholz v. Steisel, 394 So. 2d 523 (Fla. 3d DCA 1981)…arlier statute has expired. Garris v. Weller Construction Co., 132 So. 2d 553 (Fla. 1961); Walter Denson & Son v. Nelson, 88 So. 2d 120 (Fla.1956); Corbett v. General Engineering & Machinery Co., 160 Fla. 879, 37 So. 2d 161 (1948); Talbot v. Talbot, 378 So. 2d 1307 (Fla. 4th DCA 1980); Mazda Motors of America, Inc. v. S. C. Henderson & Sons, Inc. supra; Patterson v. Sodders, 167 So. 2d 789 (Fla. 2d DCA 1964); Martz v. Riskamm, 144 So. 2d 83 (Fla. 1st DCA 1962). The claim involved in count 3 was not barred by t…
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Special Disability Tr. Fund v. F. Benson & Co. & Feisco, 626 So. 2d 1078 (Fla. 1st DCA 1993)…79, 37 So. 2d 161 [Fla.1948]. See also Holder v. Keller Kitchen Cabinets, 610 So. 2d 1264 (Fla.1992) (amendments that lengthen the limitation period for filing a claim apply to claims that are viable at the time of the amendment); Talbot v. Talbot, 378 So. 2d 1307 (Fla. 4th DCA 1980) (same); Mazda Motors of America, Inc. v. S.C. Henderson & Sons, Inc., 364 So. 2d 107 (Fla. 1st DCA 1978) (same), cert. denied, 378 So. 2d 348 (Fla.1979); Wetmore v. Brennan, 378 So. 2d 79 (Fla. 3rd DCA 1980) (follows Garris), cer…
Authorities Cited
- City OF N. Miami Beach v. E. Shores Sales Co., 364 So. 2d 107 (Fla. 3d DCA 1978)
- Mazda Motors OF Am., Inc. v. S. C. Henderson & Sons, Inc., 364 So. 2d 107 (Fla. 1st DCA 1978)