From Casetext: Smarter Legal Research

Ross v. Twenty-Four Collection, Inc.

District Court of Appeal of Florida, Third District
May 25, 1993
617 So. 2d 428 (Fla. Dist. Ct. App. 1993)

Summary

stating the statute of limitations for an intentional infliction of emotional distress claim is four years

Summary of this case from Watkis v. American Nat. Ins. Co.

Opinion

No. 92-1344.

April 27, 1993. Rehearing Denied May 25, 1993.

Appeal from the Circuit Court, Dade County, Amy Dean and Roger A. Silver, JJ.

Nicklaus, Valle, Craig Wicks and N. Paul San Filippo, Miami, for appellants.

Lapidus Frankel and Marta Lederman Rub and Richard L. Lapidus, Miami, for appellees.

Before HUBBART and JORGENSON and LEVY, JJ.


This is an appeal by the plaintiffs Karen Ross and her husband Robert Ross from an adverse summary judgment in an action for breach of contract and other tort claims. We affirm.

First, the various tort claims pled in the complaint, including intentional infliction of emotional distress, are, as a matter of law, barred by the four-year statute of limitations for tort claims. Section 95.11(3)(p), Fla. Stat. (1989). These causes of action accrued no later than April 11, 1984, when the plaintiff Karen Ross was allegedly forced to resign her employment with the defendant Twenty-Four Collection, Inc. after enduring several years of sexual harassment on the job. The complaint herein was filed on April 10, 1989, approximately five years later, and was therefore clearly barred by the applicable four-year statute of limitations.

Second, the breach of contract claim is not actionable as a matter of law because it is based on a contract of employment which does not provide for a definite term of employment and was therefore terminable at will. No action may be maintained for the breach of an employment contract terminable at will. See Savannah, F. W. Ry. v. Willett, 43 Fla. 311, 31 So. 246 (1901); Maguier v. American Family Life Assurance Co., 442 So.2d 321, 323 (Fla. 3d DCA 1983), rev. denied, 451 So.2d 849 (Fla. 1984); DeMarco v. Publix Super Markets, Inc., 360 So.2d 134, 136 (Fla. 3d DCA 1978), aff'd, 384 So.2d 1253 (Fla. 1980).

Finally, the punitive damages counts of the complaint for breach of contract based on the tort of intentional infliction of mental distress are obviously barred because neither of the underlying contract or tort claims are viable on this record for the reasons already stated.

Affirmed.


Summaries of

Ross v. Twenty-Four Collection, Inc.

District Court of Appeal of Florida, Third District
May 25, 1993
617 So. 2d 428 (Fla. Dist. Ct. App. 1993)

stating the statute of limitations for an intentional infliction of emotional distress claim is four years

Summary of this case from Watkis v. American Nat. Ins. Co.
Case details for

Ross v. Twenty-Four Collection, Inc.

Case Details

Full title:KAREN L. ROSS AND ROBERT A. ROSS, HER HUSBAND, APPELLANTS, v. TWENTY-FOUR…

Court:District Court of Appeal of Florida, Third District

Date published: May 25, 1993

Citations

617 So. 2d 428 (Fla. Dist. Ct. App. 1993)

Citing Cases

Watkis v. American Nat. Ins. Co.

Mr. Watkis alleges that, as a result, he suffered from severe depression that ultimately resulted with his…

Spanish Broadcasting Sys. v. Alfonso

Without any agreed-upon duration, Alfonso's continued employment with the station after his termination of…