PINES PROPERTIES, INC., APPELLANT,
v.
JANET TRALINS, ETC., ET AL., APPELLEES
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Pines Properties' legal malpractice complaint was properly dismissed as to the estate representative but improperly dismissed as to the law firms and attorney on statute of limitations grounds, where the defense did not affirmatively appear on the complaint's face.
A motion to dismiss based on statute of limitations should be granted only in extraordinary circumstances where the facts conclusively establish the bar as a matter of law on the complaint's face.
[1] A statute of limitations defense on a motion to dismiss must affirmatively appear on the face of the complaint and conclusively establish the bar as a matter of law; dism…
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Join FLexlaw to unlock all legal intelligence“A motion to dismiss a complaint based on the expiration of the statute of limitations should only be granted 'in extraordinary circumstances where the facts constituting the defense affirmatively appear on the face of the complaint and establish conclusively that the statute of limitations bars the action as a matter of law.'”
Court's statement of the legal standard for statute of limitations dismissals, citing Alexander v. Suncoast Builders, Inc.
Pines Properties filed a legal malpractice complaint against Janet Tralins (as estate representative), law firms, and attorneys. The trial court dismi…
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Appellant-Plaintiff Pines Properties, Inc., appeals an order dismissing its legal malpractice complaint with prejudice. We find no error and affirm the order dismissing the complaint as to appellee-defendant Janet Tralins, as personal representative of the Estate of Myles Tralins. However, we reverse the trial court’s order granting a dismissal as to the remaining appellees-defendants Zack Koznitzky, P.A., Jennifer Altman, Boies, Schiller and *889Flexner, and Myles Tralin, P.A., based on the expiration of the statute of limitations. As we stated in Alexander v. Suncoast Builders, Inc., 837 So.2d 1056 (Fla. 3d DCA 2002):
A motion to dismiss a complaint based on the expiration of the statute of limitations should only be granted “in extraordinary circumstances where the facts constituting the defense affirmatively appear on the face of the complaint and establish conclusively that the statute of limitations bars the action as a matter of law.”
Id. at 1057 (quoting Rigby v. Liles, 505 So.2d 598, 601 (Fla. 1st DCA 1987)). See Saltponds Condo. Ass’n v. Walbridge Aldinger Co., 979 So.2d 1240 (Fla. 3d DCA 2008); Saltponds Condo. Ass’n v. McCoy, 972 So.2d 230 (Fla. 3d DCA 2007); Chodorow v. Porto Vita, Ltd., 954 So.2d 1240 (Fla. 3d DCA 2007); cf. Bott v. City of Marathon, 949 So.2d 295 (Fla. 3d DCA 2007). Because we find that the statute of limitations defense does not appear affirmatively on the face of the complaint as to these appellees-defendants, we reverse the judgment as to them.
Affirmed in part, reversed in part, and cause remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rigby v. Vernie G. Liles, 505 So. 2d 598 (Fla. 1st DCA 1987)
- Alexander v. Suncoast Builders, Inc., 837 So. 2d 1056 (Fla. 3d DCA 2002)
- Carlton J. Clark v. State, 954 So. 2d 1240 (Fla. 1st DCA 2007)
- Saltponds Condo. Ass'n, Inc. v. McCOY, 972 So. 2d 230 (Fla. 3d DCA 2007)
- Andrew and Donna Bott v. City OF Marathon, 949 So. 2d 295 (Fla. 3d DCA 2007)
- Saltponds Condo. Ass'n, Inc. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. 3d DCA 2008)