C.H., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)
  …se the applicable statute of limitations require claims founded on a written instrument to be commenced within five years, see § 95.11(2)(b), Fla. Stat., and claims for unjust enrichment to be commenced within four years, see Swafford v. Schweitzer, 906 So. 2d 1194, 1195 (Fla. 4th DCA 2005), the Condominium Association’s claims were untimely. The trial court further concluded that the doctrine of laches barred the Condominium Association’s claims because it had knowledge of the claims since 1979 and, neverthel…

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• Antonio Beltran, M.D. & Antonio Beltran, M.D., P.A. v. Vincent P. Miraglia, M.D., P.A., 125 So. 3d 855 (Fla. 4th DCA 2013)
  …832 So. 2d 708 (Fla.2002) (holding unjust enrichment claim alleging misappropriation of funds by family members for transactions occurring from 1990 to 1992 barred by statute of limitations as complaint not filed until 1997); Swafford v. Schweitzer, 906 So. 2d 1194 (Fla. 4th DCA 2005) (holding statute of limitations limited plaintiffs right to recover for improvements to real property to those improvements made within four years of filing of complaint); Matthews v. Matthews, 222 So. 2d 282, 286 (Fla. 2d DCA 19…
• Papa John's Int'l, Inc. v. Cosentino, 916 So. 2d 977 (Fla. 4th DCA 2005)
  …); Palmer v. McCallion, 645 So. 2d 131, 133 (Fla. 4th DCA 1994); Vaswani v. Ganobsek, 402 So. 2d 1350, 1351 (Fla. 4th DCA 1981). Otherwise an affirmative defense may not be considered on a rule 1.140(d) motion to dismiss. See Swafford v. Schweitzer, 906 So. 2d 1194, 1195 (Fla. 4th DCA 2005). This court has followed the general rule that a court may not look beyond a complaint and its attachments to take judicial notice of a separate legal proceeding when ruling on a motion to dismiss. For example, in Norwich…