AIRPORT SIGN CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
DADE COUNTY AND RICHARD JUDY, APPELLEES
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Airport Sign Corporation appealed the dismissal of its complaint against Dade County for damages caused by county-planted landscaping that obstructed a billboard's visibility and caused loss of an advertising contract. The court held that the statute of limitations for tort claims begins when damages are actually incurred, not when the offending conduct occurred, and that courts must confine their analysis to the four corners of the complaint on a motion to dismiss.
The dismissal was error. The statute of limitations for tort claims does not begin to run until damages are actually incurred, not when the offending conduct occurred. On a motion to dismiss, courts must confine themselves strictly to the allegations within the four corners of the complaint and cannot require affirmative pleading of statutory compliance.
[1] The statute of limitations does not begin to run until damages are actually incurred.
[2] A statute providing an additional remedy does not create a new cause of action.
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Join FLexlaw to unlock all legal intelligence“Until damages are actually incurred, a party cannot state a cause of action and the statute of limitation does not begin to run.”
Establishes the critical legal principle that the statute of limitations clock for tort damages begins when injury occurs, not when the culpable conduct happens
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Join FLexlaw to unlock all legal intelligenceAirport Sign Corporation maintained an advertising billboard on property in Dade County. In 1973, Dade County planted bushes, trees, and hedges on an …
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FERGUSON, Judge.
Airport Sign Corporation appeals the dismissal with prejudice of its second amended complaint against Dade County and Richard Judy, a county employee.
Sign Corporation maintained an advertising billboard on a small irregular shaped piece of property in Dade County. Eastern Airlines had contracted with Sign Corporation for advertising space on this billboard, but terminated its contract in September, 1978 because the bushes, trees and hedges planted by Dade County on the right-of-way adjacent to Sign Corporation’s property in 1973 had grown so that the view of the billboard was now obscured.
Sign Corporation sued Dade County and Judy for damages caused by the shrubbery. Dade County and Judy filed a motion to dismiss the complaint oh the ground that the action was barred by the statute of limitations because the only date appearing on the face of the complaint was the date of planting, September 1973. Sign Corporation then filed an amended complaint which, read as a whole, stated facts amounting to an allegation that the contract between Sign Corporation and Eastern Airlines was terminated in September, 1978 because the landscaping of Dade County obstructed the view of the billboard, causing financial loss. The amended complaint was also dismissed on the grounds that the statute of limitations started to run in 1973 and not when the damages were actually sustained in 1978. Sign Corporation then filed a second amended complaint omitting all dates. This third complaint was dismissed with prejudice on the ground that Sign Corporation failed to allege that the acts of Dade County arose within the four year statutory limit.
Until damages are actually incurred, a party cannot state a cause of action and the statute of limitation does not begin to run. Town of Miami Springs v. Lawrence, 102 So. 2d 143 (Fla.1958). See, e. g., Department of Transportation v. Burnette, 384 So. 2d 916 (Fla. 1st DCA 1980).
Section 768.28, Florida Statutes (1979), does not create a new cause of action but provides an additional remedy for causes of actions which otherwise exist. See, e. g., Welsh v. Metropolitan Dade County, 366 So. 2d 518 (Fla. 3d DCA 1979). There is no requirement that Sign Corporation as owner of the property affirmatively plead that it was not barred by the statute of limitations. Wetzel v. A. Duda & Sons, 306 So. 2d 533 (Fla. 4th DCA 1975), cert. denied, 316 So. 2d 289 (Fla.1975).
In ruling on a motion to dismiss, the trial court must confine itself strictly to the allegations within the four corners of the complaint. Pizzi v. Central Bank and Trust Company, 250 So. 2d 895 (Fla.1971); Ecological Science Corp. v. Boca Ciega Sanitary District, 317 So. 2d 857 (Fla. 2d DCA 1975); Temples v. Florida Industrial Construction Co., 310 So. 2d 326 (Fla. 2d DCA 1975); Whitfield v. Whitfield, 161 So. 2d 256 (Fla. 3d DCA 1964).
Under the circumstances of this case, we hold it was error to dismiss the Sign Corporation’s second amended complaint with prejudice.
Reversed and remanded for proceedings consistent with this opinion.
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Abdolhossain Haghayegh and Gholamossain Haghayegh v. Clark, 520 So. 2d 58 (Fla. 3d DCA 1988)…trial court erred in ruling that the statute of limitations had expired. This court has previously held that the statute of limitations does not commence to run until the amount of damages, if any, are ascertained. Airport Sign Corp. v. Dade County, 400 So. 2d 828 (Fla. 3d DCA 1981); Birnholz v. Blake, 399 So. 2d 375 (Fla. 3d DCA 1981). It has also held that in circumstances such as those disclosed by this record, until there was a final determination by the appellate court that the appellant’s option had exp…
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Cent. Nat'l Bank OF Miami v. Cent. Bancorp., Inc., 411 So. 2d 358 (Fla. 3d DCA 1982)…tent with Florida law, this means that the statute of limitations begins to run on the date the contract is breached. Cf. Kilbreath v. State Farm Mutual Automobile Insurance Co., 401 So. 2d 846 (Fla. 5th DCA 1981); Airport Sign Corp. v. Dade County, 400 So. 2d 828 (Fla. 3d DCA 1981). Here, appellant did apply for a name change prior to the sixth-month period. When this name change was denied by the Comptroller in January of 1978, appellant reassured appellees it would reapply. Under the circumstances, we find…
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Errol G. Tubell v. Dade Cnty. Pub. Schs., 419 So. 2d 388 (Fla. 3d DCA 1982)…count were, in fact, those that would support a claim for “educational malpractice”, regardless of the nomenclature. . Generally the addition of a waiver of immunity statute cannot create a cause of action. Airport Sign Corporation v. Dade County, 400 So. 2d 828 (Fla.3d DCA 1981); e.g., Welsh v. Metropolitan Dade County, 366 So. 2d 518 (Fla. 3d DCA 1979). Moreover, if there was cause of action for “educational malpractice” in the State of Florida the sovereign immunity defense would still be available under…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pizzi v. Cent. Bank & Tr. Co., 250 So. 2d 895 (Fla. 1971)
- Temples v. Fla. Indus. Constr. Co., Inc., 310 So. 2d 326 (Fla. 2d DCA 1975)
- Dep't OF Transp. v. Burnette, 384 So. 2d 916 (Fla. 1st DCA 1980)
- Town OF Miami Springs v. Franklyn Lawrence and Muriel Lawrence, 102 So. 2d 143 (Fla. 1958)
- Welsh v. Metro. Dade Cnty., 366 So. 2d 518 (Fla. 3d DCA 1979)
- Chrysler Credit Corp. v. Rehurek, 317 So. 2d 857 (Fla. 2d DCA 1975)
- Mr. and Mrs. Ervin Wetzel v. A. Duda & Sons, 306 So. 2d 533 (Fla. 4th DCA 1975)
- Whitfield v. Whitfield, 161 So. 2d 256 (Fla. 3d DCA 1964)
- Buster Dean Brown v. State, 316 So. 2d 289 (Fla. 1975)
- E. Z. E., Inc. v. Little River Bank & Tr. Co., 316 So. 2d 289 (Fla. 1975)