DOMINIC BILIC, APPELLANT,
v.
NEW FAIRWAYS INVESTMENTS OF FLORIDA, INC., ET AL. APPELLEES
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Court reversed summary judgment for Royal Bank of Canada because plaintiff's amended complaint stating a breach of contract claim was not barred by the statute of limitations under the relation-back doctrine, despite the original conversion claim being time-barred.
Summary judgment for defendant was improper where plaintiff's amended complaint stated a cause of action for breach of contract that relates back to the original pleading and is not barred by the statute of limitations.
[1] An amended complaint stating a different cause of action relates back to the original pleading under Florida Rule of Civil Procedure 1.190(c) when based on the same alleg…
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Join FLexlaw to unlock all legal intelligencePlaintiff Bilic sued Royal Bank of Canada for conversion, but that claim was barred by the statute of limitations. Plaintiff filed an amended complain…
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DAUKSCH, Judge.
This is an appeal from a final judgment denying the plaintiff’s motion to amend and entering summary judgment in favor of the defendant Royal Bank of Canada.
The plaintiff's original cause of action against Royal Bank for conversion is barred by the statute of limitations.1 But it was error to enter summary judgment without leave to amend in the face of the plaintiff’s amended complaint which states a cause of action for breach of contract. Hart Properties, Inc. v. Slack, 159 So. 2d 236 (Fla.1963); Roberts v. Braynon, 90 So. 2d 623 (Fla.1956); Sarasota Commercial Refrigeration & Airconditioning, Inc. v. Schooley, 381 So. 2d 1141 (Fla. 2d DCA 1980); Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp., 353 So. 2d 137 (Fla. 3d DCA 1977). The cause of action for breach of contract is not barred by the statute of limitations2 because it relates back to the date of the original pleading since the alleged conduct is the same. Fla.R.Civ.P. 1.190(c); David Miller Distributing Co., Inc. v. Florida National Bank at Arlington, 342 So. 2d 856 (Fla. 1st DCA 1977); Turner v. Trade-Mor, Inc., 252 So. 2d 383 (Fla. 4th DCA 1971).
The final judgment is reversed and the cause remanded with directions to grant the plaintiff leave to amend the complaint.
REVERSED and REMANDED.
ORFINGER and COBB, JJ., concur. . § 95.11(3)(h), Fla.Stat. (1987).
. § 95.11(2)(b), Fla.Stat. (1987).
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Ron's Quality Towing, Inc. v. Se. Bank OF Fla. & Floyd Pridgeon, 765 So. 2d 134 (Fla. 1st DCA 2000)…r v. Hartog, 678 So. 2d 1317, 1319 (Fla. 2d DCA 1996). Southeastern had adequate notice of the claims against it and the party or parties who had an identity of interest in bringing those claims. See, e.g., Bilic v. New Fairways Invs. of Fla., Inc., 543 So. 2d 458, 458 (Fla. 5th DCA 1989) (permitting a breach of contract action to relate back to a timely complaint that alleged conversion where both claims were based on the same alleged conduct). Quality also questions two of the trial court’s earlier orders,…
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DiPAOLO v. Rollins Leasing Corp., 700 So. 2d 31 (Fla. 5th DCA 1997)…nd the complaint. Gold Coast Crane Service, Inc. v. Watier, 257 So. 2d 249 (Fla.1971); Hart Properties, Inc. v. Slack, 159 So. 2d 236, 240 (Fla.1964); Roberts v. Braynon, 90 So. 2d 623 (Fla. 1956); Bilic v. New Fairways Investments of Florida, Inc., 543 So. 2d 458 (Fla. 5th DCA 1989); Key Bank of Florida v. First United Land Title Co., 502 So. 2d 1280 (Fla. 2d DCA 1987); Cudlipp v. Blue Chip Laundry, Inc., 476 So. 2d 783 (Fla. 4th DCA 1985); Woodham v. Moore, 428 So. 2d 280 (Fla. 4th DCA 1983); Kadar v. Iowa…
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Bilic v. NEW Fairway Invs. OF Fla., Inc., 593 So. 2d 530 (Fla. 5th DCA 1992)…of limitations had run. On May 25, 1989, this court reversed that judgment, finding that the court erred in not allowing Bilic to amend his complaint to state a cause of action for breach of contract. Bilic v. New Fairways Investments of Fla., Inc., 543 So. 2d 458 (Fla. 5th DCA 1989). Shortly thereafter, Bilic received the $150,000 principal owed. He then amended his complaint to allege that New Fairway and Royal Bank had breached their agreement to set aside loan proceeds on his behalf and that therefore he…
Authorities Cited
- Duarte v. Stevens Mkts., Inc., 159 So. 2d 236 (Fla. 1963)
- Roberts v. Braynon, 90 So. 2d 623 (Fla. 1956)
- Turner v. Trade-Mor, Inc., 252 So. 2d 383 (Fla. 4th DCA 1971)
- The Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp., 353 So. 2d 137 (Fla. 3d DCA 1977)
- Sarasota Commercial Refrigeration & AIR Conditioning, Inc. v. Schooley, 381 So. 2d 1141 (Fla. 2d DCA 1980)
- David Miller Distrib. Co., Inc. v. Fla. Nat'l Bank AT Arlington, 342 So. 2d 856 (Fla. 1st DCA 1977)