From Casetext: Smarter Legal Research

Breitz v. Lykes-Pasco Packing Co.

District Court of Appeal of Florida, Second District
Jun 5, 1990
561 So. 2d 1204 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-01019.

April 6, 1990. Rehearing Denied June 5, 1990.

Appeal from the Circuit Court, Pasco County, Maynard F. Swanson, Jr., J.

Melinda L. McNichols and Robbie M. Barr of Bailey Hunt, P.A., Miami, for appellant.

Charles W. Pittman of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellee.


We affirm the summary judgment for defendant based upon the running of the statute of limitations on the count of this suit for fraud. Contrary to the arguments of plaintiff, the limitations period began to run when plaintiff had notice of the alleged injury and of the transaction involving defendant resulting in the injury. Cf. Jackson v. Georgopolous, 552 So.2d 215, 218 (Fla. 2d DCA 1989) (Lehan, J., concurring). Cf. also Jackson v. Georgopolous, 552 So.2d 215, 216 (Fla. 2d DCA 1989). That type of notice existed at a time more than four years prior to the filing of suit as shown by the undisputed evidence of plaintiff's expressed belief at that time that the debt claimed by plaintiff in this suit to have been fraudulently overstated by defendant was overstated by defendant.

While there were other counts to which the summary judgment applied, the fraud count is the only count as to which plaintiff contends on appeal the trial court erred in entering the summary judgment.

The running of the limitations period began under these circumstances when plaintiff had "notice of the possible invasion of [his] legal rights." Id. at 218 (Lehan, J., concurring), quoting Nardone v. Reynolds, 333 So.2d 25, 34 (Fla. 1976). For this purpose it was not necessary that plaintiff know of all elements of his alleged cause of action, specifically in this case the element of fraudulent intent on the part of defendant. Id.; Armbrister v. Roland Int'l Corp., 667 F. Supp. 802, 812 (M.D. Fla. 1987) (running of fraud statute of limitations begins when plaintiff should have known, with the exercise of any diligence, that the allegedly fraudulent transaction was suspect).

Affirmed.

CAMPBELL, C.J., and FRANK, J., concur.


Summaries of

Breitz v. Lykes-Pasco Packing Co.

District Court of Appeal of Florida, Second District
Jun 5, 1990
561 So. 2d 1204 (Fla. Dist. Ct. App. 1990)
Case details for

Breitz v. Lykes-Pasco Packing Co.

Case Details

Full title:ERHARD BREITZ, APPELLANT, v. LYKES-PASCO PACKING CO., APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 5, 1990

Citations

561 So. 2d 1204 (Fla. Dist. Ct. App. 1990)

Citing Cases

Korman v. Iglesias

The type of notice to trigger the limitations period is when a plaintiff had "`notice of the possible…

W. Brook Isles Partner's 1, LLC v. Commonwealth Land Title Ins. Co.

The statute of limitations for fraud begins to run when the plaintiff should have discovered, exercising any…