BLACKTON, INC., ETC., PETITIONER,
v.
CHRIS E. YOUNG, ET AL., RESPONDENTS

Fla. | 1994-10-17
No. 83175
643 So. 2d 1077 Florida Supreme Court (1994) Positive Treatment
Cited by 7 cases
Opinion of the Court

Appeal from the District Court of Appeal, 5th District — No. 93-2214.

Prior report: Fla.App., 629 So. 2d 938.

Upon consideration of the Joint Stipulation and Motion for Order Remanding to Fifth District Court of Appeal, it is ordered that the above Motion is granted and this cause is remanded to the Fifth District Court of Appeal for the purpose of allowing it to reconsider its decision in this matter in light of this Court’s decision in Alexdex Corp. v. Nachon Enterprises, Inc., 641 So. 2d 858 (Fla.1994).

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  • Maria E. Mendez-Perez, M.D. v. Jorge H. Perez-Perez, M.D., 656 So. 2d 458 (Fla. 1995)
    …r Contractors, Inc. v. Travelers Indem. Co., 277 So. 2d 47, 48 (Fla. 3d DCA1973). By its very nature, a limitations period may deprive someone of rights if he or she fails to bring an action within the applicable period. See, e.g., Mason v. Salinas, 643 So. 2d 1077 (Fla.1994) (barring action alleging sexual abuse because it was filed beyond the limitations period in effect when the alleged abuse occurred). We find the plain language of In re Amendments controlling. The amendment to rule 1.540(b) did not take…
  • SEA Breeze v. The Honorable Philip A. Federico, 648 So. 2d 226 (Fla. 2d DCA 1994)
    …hrough 19 of article V. See Art. V, §§ 20(c)(j), Fla. Const. The 1990 amendment to chapter 34 constituted a change, expanding equity jurisdiction to the county courts. Blackton, Inc. v. Young, 629 So. 2d 938, 940 (Fla. 5th DCA 1993), remand granted, 643 So. 2d 1077 (Fla.1994). The reference that circuit courts “may issue injunctions” does not prohibit the county court from granting injunctive relief. Thus, pursuant to the reasoning of Alexdex, the constitution does not limit jurisdiction to the circuit courts…
  • Benita Tobin v. Damian, 772 So. 2d 13 (Fla. 4th DCA 2000)
    …though the legislature possesses the power to extend the limitations period for an existing cause of action, it lacks the authority to breathe life into a claim that is lifeless as a result of a pre-existing statute.” Id.; see also Mason v. Salinas, 643 So. 2d 1077, 1077 (Fla.1994)(“[O]nce the action is barred [by statute], a property right to be free from a claim has attached, and the legislature cannot subsequently resurrect it.”); Wiley, 641 So. 2d at 67. Since appellant’s claims from 1965 to April 8, 1988…

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