ELIZABETH FREEMAN, APPELLANT,
v.
ROBERTA CORBIN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF BREWER CORBIN, DECEASED, APPELLEE
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The court held that the statute of limitations was improperly applied to an equity case, and laches was not demonstrated on the face of the complaint.
Plaintiff appealed an order dismissing their equity complaint based on the statute of limitations. The trial judge found the statute barred the action…
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PER CURIAM.
Appellant, plaintiff in the trial court, seeks review of an adverse final order sustaining a motion to dismiss a complaint which primarily sounded in equity, because of a finding by the trial judge that the Statute of Limitations, provided in § 733.-211, Fla.Stat. F.S.A., prevented the maintenance of the action.
Normally, statutes of limitations are not applicable to equity cases; they are subject to a laches plea. However, we find that the cited statute is not applicable to the instant case because there is no showing that any claim was ever filed in the estate proceedings involved in this matter. And, we fail to find from the complaint that laches is shown on the face thereof. Flye v. Jeffords, Fla.App.1958, 106 So. 2d 229; Volpicella v. Volpicella, Fla.App.1962, 136 So. 2d 231.
Therefore, the trial judge was in error in dismissing the complaint with prejudice, and the matter is hereby reversed and returned to the trial court for further proceedings.1
Reversed and remanded, with directions.
. State v. Byington, Fla.App.1964, 168 So. 2d 164; § 733.51, Fla.Stat., F.S.A.; Rule 5.340, Florida Probate and Guardianship Rules.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel. Charles E. Booth under the Last Will & Testament of Florence I. Herlan v. Honorable John S. Byington, 168 So. 2d 164 (Fla. 1st DCA 1964)
- Flye v. Mrs. D. D. Jeffords, 106 So. 2d 229 (Fla. 1st DCA 1958)
- Volpicella v. Volpicella, 136 So. 2d 231 (Fla. 2d DCA 1962)