SALVATORE ROMANELLI
v.
FLORIDA DEPARTMENT OF TRANSPORTATION
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A claim that fails to state a cause of action and cannot be amended to state one may be affirmed on appeal even if the trial court erred in its statute of limitations analysis.
[1] Under the tipsy coachman doctrine, a trial court's judgment may be affirmed on appeal on a different ground than that relied upon by the trial court, including affirmance…
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Join FLexlaw to unlock all legal intelligenceSalvatore Romanelli appealed a dismissal of his claim against the Florida Department of Transportation from the Circuit Court for Broward County.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
SALVATORE ROMANELLI, Appellant,
v.
FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.
No. 4D18-3358
[ December 11, 2019 ]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. CACE 14-19227.
Robert J. Hauser, West Palm Beach, for appellant.
Marc Peoples, Tallahassee, for appellee.
PER CURIAM.
Affirmed. See Walters v. Ocean Gate Phase I Condo., 925 So. 2d 440, 443 (Fla. 5th DCA 2006) (affirming dismissal of claim under the tipsy coachman doctrine where the trial court erred in ruling that the statute of limitations had expired, but the claim failed to state a cause of action and could not be amended to state a cause of action).
WARNER, TAYLOR and CONNER, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.