ROSLYNE LEVIN, AS ADMINISTRATRIX CUM TESTAMENTO ANNEXO OF THE ESTATE OF ALEX VAN STRAATON, DECEASED, APPELLANT,
v.
JERRY BROOKS, A/K/A JEROME BROOKS, APPELLEE
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This case clarifies when the one-year period to refile a lawsuit after a judgment reversal begins. The court held that the period starts from the issuance of the appellate court's mandate, not the filing of the decision.
The one-year period for commencing a new action after a judgment reversal begins on the date the appellate court issues its mandate.
“If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal or writ of error, the plaintiff, or, if he die and the cause of action survives, his heirs or representatives, may commence a new action within one year after the reversal.”
This quote states the relevant statute governing the refiling of an action after a reversal.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff filed a new action after a prior judgment in their favor was reversed on appeal. The defendant argued the new action was untimely, as it…
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This is an appeal by the plaintiff from a summary final judgment in favor of the defendant based upon the trial judge’s holding that the plaintiff failed to commence this action within one year from the date of this court’s reversal of a prior judgment for the plaintiff.
Section 95.06 Fla.Stat., F.S.A., provides:
“If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal or writ of error, the plaintiff, or, if he die and the cause of action survives, his heirs or representatives, may commence a new action within one year after the reversal." [Emphasis supplied.]
The trial judge held that the one year period began to run from the date of the filing of our decision of reversal with the *915clerk of this court. We hold that the trial court was in error in that the one year period began to run from the date of the issuance by this court of its mandate. 1 Computing the time in accordance with this holding, we find that the new action was timely commenced.
Reversed and remanded with directions to reinstate the cause.
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Citator
Cited By
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Brooks v. Levin, 166 So. 2d 150 (Fla. 1964)…Certiorari denied without opinion. 159 So. 2d 914.…
Authorities Cited
- State of Fla. ex rel. John B. Hawley, Jr. v. Coogan, 99 So. 2d 243 (Fla. 3d DCA 1957)