BARON DE HIRSCH MEYER, MILTON WEISS AND LEO ROSE, JR., AS PARTNERS D/B/A MEYER, WEISS, ROSEN & ROSE, F/U/B/O PACIFIC NATIONAL INSURANCE COMPANY, APPELLANTS,
v.
BURNETT ROTH, APPELLEE
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The court held that the action was barred by the statute of limitations because it was filed more than four years after the alleged wrongful delivery.
Appellants sued for damages resulting from the unauthorized delivery of a subordination of mortgage agreement held in escrow. The alleged wrongful del…
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Appellants filed a complaint in which it was alleged that a certain subordination of mortgage agreement was delivered to the appellee in escrow and that because of the unauthorized delivery of said agreement before the performance of the condition agreed upon they were damaged. The complaint contained a count for breach of the oral escrow agreement and a count for damages on account of negligence in the performance thereof.
The alleged wrongful delivery occurred and the agreement was recorded on or about June 18, 1958. This action was instituted on October 4, 1963.
The cause of action, if any, arose at the time of the negligent act, misconduct or alleged breach, and not from the time when damages resulted. Lucom v. Atlantic National Bank of West Palm Beach, Fla., 354 F.2d 51 (5th Cir.1965); Cristiani v. City of Sarasota, Fla.1953, 65 So.2d 878; Fradley v. County of Dade, Fla.App. 1966, 187 So.2d 48; Simmons v. Bank of America, N.T.&S.A., 159 Cal.App.2d 566, 323 P.2d 1043 (1958). Section 95.11 Fla.Stat., F.S.A. permits actions on oral contracts within three years and tort actions within four jrears.
It appearing that this action was initiated more than four years after the date of the alleged wrongful delivery, the lower court correctly determined that it was barred by the statute of limitations.
Accordingly the decree appealed is affirmed.
Affirmed.
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Dovenmuehle, Inc. v. Lawyers Title Ins. Corp., 478 So. 2d 423 (Fla. 4th DCA 1985)…such as exist in the instant proceedings, the law on this subject appears to be that “the cause of action, if any, arose at the time of the negligent act, misconduct, or alleged breach and not from the time when the damages resulted.” Meyer v. Roth, 189 So. 2d 515 (Fla. 3d DCA 1966), cert. dismissed, 198 So. 2d 29 (Fla. 1967); Fradley v. County of Dade, 187 So. 2d 48 (Fla. 3d DCA 1966). The lender believes otherwise and cites us to Birnholz v. Steisel, 394 So. 2d 523 (Fla. 3d DCA 1981), and to Miami Beach Fi…
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Med. JET, S.A. v. Signature Flight Supportpalm Beach, Inc., 941 So. 2d 576 (Fla. 4th DCA 2006)…al rule that a cause of action for breach of contract accrues at the time of the breach, “not from the time when consequential damages result or become ascertained.” Fradley v. County of Dade, 187 So. 2d 48, 49 (Fla. 3d DCA 1966); see Meyer v. Roth, 189 So. 2d 515 (Fla. 3d DCA 1966). This court cited Fradley and Meyer with approval in Dovemnuehle, Inc. v. Lawyers Title Ins. Corp., 478 So. 2d 423, 424 (Fla. 4th DCA 1985). The general rule is consistent with the policy behind the statute of limitations, which…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cristiani v. City of Sarasota, 65 So. 2d 878 (Fla. 1953)
- Fradley v. Cnty. OF Dade, 187 So. 2d 48 (Fla. 3d DCA 1966)
- Lucom v. Atl. Nat'l Bank of W. Palm Beach, 354 F.2d 51 (5th Cir. 1965)