EULICES MAYEDO, ET AL., APPELLANTS,
v.
OOLITE INDUSTRIES, INC., ETC., ET AL., APPELLEES
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SCHWARTZ, Chief Judge.
This action was terminated below on statute of limitation grounds. The judgment represents an aggravated and obviously unacceptable case of both a reliance upon a meaningless technicality concerning the precise status of the corporate defendant as designated in the original complaint and the use of the ambush school of litigation in which the alleged defect was revealed only after the statutory period provided by section 607.297, Florida Statutes (1985) had already run. It is' therefore reversed. Cabot v. Clearwater Constr. Co., 89 So. 2d 662 (Fla.1956); Argenbright v. J.M. Fields Co., 196 So. 2d 190 (Fla. 3d DCA 1967), cert. denied, 201 So. 2d 895 (Fla.1967); Galuppi v. Viele, 232 So. 2d 408 (Fla. 4th DCA 1970), cert. denied, 238 So. 2d 109 (Fla.1970). The lessons sought to be taught by such cases as Sobel v. Jefferson Stores, Inc., 459 So. 2d 433 (Fla. 3d DCA 1984) have apparently yet to be learned.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gables Ins. Recovery, Inc. v. Seminole Cas. Ins. Co., 10 So. 3d 1106 (Fla. 3d DCA 2009)…as never in doubt, was on the right place on the form — was utterly meaningless, so that, however resolved, it could not conceivably justify a denial of liability. See Rader v. Prather, 100 Fla. 591, 130 So. 15 (1930); Mayedo v. Oolite Indus., Inc., 566 So. 2d 879 (Fla. 3d DCA 1990). The affirmance of the directly contrary conclusion of the county court granting summary judgment for the insurer on that ground [*1109] was thus a genuine, even outrageous, miscarriage of justice.…
Authorities Cited
- Cabot v. Clearwater Constr. Co., 89 So. 2d 662 (Fla. 1956)
- Mrs. Betty Galuppi v. Viele, 232 So. 2d 408 (Fla. 4th DCA 1970)
- Argenbright v. J. M. Fields Co., 196 So. 2d 190 (Fla. 3d DCA 1967)
- Frieda Sobel and Philip Sobel v. Jefferson Stores, Inc., 459 So. 2d 433 (Fla. 3d DCA 1984)
- State v. Sturgis, 238 So. 2d 109 (Fla. 1970)
- State Farm Fire & Cas. Co. v. Charles Taylor Marine, Inc., 238 So. 2d 109 (Fla. 1970)
- Hillsborough Cnty. Tuberculosis & Health Assn. v. Fla. Tuberculosis & Health Ass'n, 201 So. 2d 895 (Fla. 1967)
- J. M. Fields of East Florida v. Argenbright, 201 So. 2d 895 (Fla. 1967)