RICKY L. BAXTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY L. BAXTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
892 So. 2d 1087
Florida District Court of Appeal, Second District (2004)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003) (en banc). As this court did in Wright, we certify direct conflict with Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003); Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002); Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002); Thames v. State, 769 So. 2d 448 (Fla. 1st DCA 2000); Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000); and Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993).
Affirmed; conflict certified.
DAVIS, KELLY, and VILLANTI, JJ., concur.
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Nat'l Auto Serv. Ctrs., Inc. v. F/R 550, LLC, 192 So. 3d 498 (Fla. 2d DCA 2016)…layed discovery rule, under which the statute of limitations for certain causes of action does not begin to run until the plaintiff knows or iñ the exercise of due diligence should know of the [*507] basis for the claim. See Butler Univ. v. Bahssin, 892 So. 2d 1087, 1091-92 (Fla. 2d DCA 2004). As discussed in part III of this opinion, section 726.110(1) is a statute of repose, not a statute of limitations, so the extent to which F/R’s assertion is' relevant is not clear. In any event, our supreme court has hel…
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Flatirons Bank v. The Alan W. Steinberg Ltd. P'ship, 233 So. 3d 1207 (Fla. 3d DCA 2017)…the depositors knew, or in the exercise of ordinary business care would have discovered, that the endorsement on the subject check was forged, which is a question of fact to be determined by the trier of fact.” Id. In Butler University v. Bahssin, 892 So. 2d 1087 (Fla. 2d DCA 2004), the Second District Court of Appeal applied the delayed discovery doctrine to Butler University’s (“Butler”) action founded on the misappropriation of Butler’s property by George Verdak, a former employee of Butler, to an innocen…
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McClamma v. Glass (Fla. 2d DCA 2024)…2001)). I. The trial court erred by dismissing the complaint with prejudice without providing McClamma with an opportunity to amend. "Generally, leave to amend a complaint 'shall be given freely when justice so requires.' " Butler Univ. v. Bahssin, 892 So. 2d 1087, 1089 (Fla. 2d DCA 2004) (quoting Fla. R. Civ. P. 1.190(a)). "When a complaint fails to state a cause of action, the proper approach is for the trial court to allow leave to amend, not to dismiss the complaint with prejudice." Id. (citing Fla. Nat…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)
- MacIas v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993)
- Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)
- Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002)
- Jasper R. Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003)
- Vangunda v. State, 769 So. 2d 448 (Fla. 1st DCA 2000)
- Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002)
- Nichols v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002)