IRA SANDS, APPELLANT,
v.
DANIEL S. BLANDO, SR., DANIEL S. BLANDO, JR., A/K/A DANIEL S. BLANDO, II, SHIRLEY BLANDO, DANNY ADAMS, AND D.S.B. ENTERPRISES, INC., APPELLEES
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Ira Sands appealed a summary judgment dismissing his fraud and conversion claims against Daniel Blando and others. The court affirmed, holding that Sands' claims were barred by Florida's four-year statute of limitations because he should have discovered the fraud through due diligence within the limitations period.
The court held that Sands' claims were barred by the statute of limitations under Florida Statutes § 95.11(3), which requires such actions to be commenced within four years from their accrual. The court found no basis to toll the statute of limitations and concluded that through the exercise of due diligence, Sands should have discovered the fraud within the limitations period.
[1] Claims for fraud, conversion, misrepresentation, and forgery must be commenced within four years from the date of their accrual under Florida law.
[2] A plaintiff must exercise due diligence to discover the basis for a claim within the applicable statute of limitations.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 95.11(3), Florida Statutes (1989), provides that the actions appellant sued for must be commenced within four years from the date of their accrual. Appellant failed to comply with the statute of limitations requirement.”
Establishes the applicable statute of limitations period and that Sands' suit exceeded it.
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Join FLexlaw to unlock all legal intelligenceSands alleged that Blando, a business manager, fraudulently altered records and that the misconduct occurred prior to April 1983. Sands claimed he did…
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PER CURIAM.
Appellant, Ira Sands, appeals a summary judgment in favor of appellees. We affirm.
Appellant sued appellees for fraud, conversion, misrepresentation, and forgery. Appellant claimed that a former employee, a business manager, had defrauded him by altering records. Appellant also claimed that although these acts were alleged to have occurred prior to April, 1983, he had not discovered the fraud until 1984. Appellant filed this suit in September, 1987. The trial court entered summary judgment against appellant based upon the statute of limitations.1
Section 95.11(3), Florida Statutes (1989), provides that the actions appellant sued for must be commenced within four years from the date of their accrual. Appellant failed to comply with the statute of limitations requirement. We find no basis under which the requirements of the statute could be tolled in this case.
We note that this is one of two appeals which appellant has brought before this court. In Sands v. Diliberto, 546 So. 2d 455 (Fla. 3d DCA 1989), cause dismissed, 553 So. 2d 1166 (Fla.1990), appellant also appealed an adverse summary judgment on the basis of the statute of limitations. In that case, appellant also claimed fraud and discrepancies in records. Appellant alleged that a former joint venture partner had defrauded him by padding the payroll records in 1981, but that appellant had subsequently discovered the discrepancies. Appellant had not filed suit until 1987.
In Sands v. Diliberto, this court affirmed the summary judgment concluding that “on these facts ... appellant’s claim should have been discovered, in the exercise of due diligence, in 1981.” Sands v. Diliberto, 546 So. 2d at 455.
Nothing in this case mandates a different result. In his pleadings and affidavits, Sands admits that: (1) appellee Blando had “disappeared mysteriously” after Sands returned to Miami in April, 1983; (2) Blando’s disappearance only took place after Sands announced his intention to return to the office; (3) the night after Sands announcement, Blando stayed late, “an unusual thing”; (4) upon his return to the office, the next morning, Sands discovered “the files of papers ... in shambles and ... unfiled”; (5) after Blando’s disappearance, "so did a few of his hand picked ... employees”; (6) after Blando disappeared, Sands attempted to locate him “at various telephones he had given, but to no avail”; and (7) bank statements for accounts with deposits of “many hundreds of thousands” of dollars were missing, never to be found.
We conclude that appellant should have discovered, in the exercise of due diligence, the basis for his claim in this case within the statute of limitations. See Sands v. Diliberto, 546 So. 2d at 455.
Because appellant’s present suit was also filed beyond the limitation period, we agree that summary judgment was correctly entered. Accordingly, we affirm.
Affirmed.
. We do not address the sufficiency of the motion for summary judgment because that issue is not properly before us: (1) no objection as to its form was ever raised, either in the trial court or on appeal; and (2) the issue was not otherwise preserved for appellate review.
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Moneyhun v. Vital Indus., Inc., 611 So. 2d 1316 (Fla. 1st DCA 1993)…o exercise due diligence to determine whether he would, in fact, ever be paid. Accordingly, the trial court properly concluded, in the absence of evidence to the contrary, that Moneyhun’s action for fraud was time barred. See, e.g., Sands v. Blando, 575 So. 2d 1306 (Fla. 3d DCA1991) (combination of facts supported trial court’s conclusion as a matter of law that plaintiff should have discovered appellee’s alleged fraud, justifying summary judgment). Because we affirm summary judgment on Counts II and III, in…
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Turner Murphy Co. v. Specialty Constructors, Inc., 659 So. 2d 1242 (Fla. 1st DCA 1995)…erits Not Reached Summary judgment is appropriate when undisputed facts demonstrate that the complaint was not filed within the time allowed by the statute of limitations. Bauld v. J.A. Jones Constr. Co., 357 So. 2d 401 (Fla.1978); Sands v. Blando, 575 So. 2d 1306 (Fla. 3d DCA 1991). For present purposes, Turner Murphy’s allegations are pertinent only insofar as necessary to ascertain which provision of the statute of limitations applies. The choices are set out in the statute: Actions other than for recover…
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Charles A. Perron for the Estate of Ursula Bardue v. Davidson, 631 So. 2d 358 (Fla. 3d DCA 1994)…he deceased had until only August 15, 1988, to refile her action. The personal representative’s counterclaim for fraud was filed after the time limit had expired and is, therefore, barred by the four year statute of limitations. See Sands v. Blando, 575 So. 2d 1306 (Fla. 3d DCA 1991). Affirmed.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Guido Echevarria v. Republic Nat'l Bank, 546 So. 2d 455 (Fla. 3d DCA 1989)
- Ira Sands v. Diliberto, 546 So. 2d 455 (Fla. 3d DCA 1989)