WISCONSIN REAL ESTATE INVESTMENT TRUST, A WISCONSIN COMMON LAW BUSINESS TRUST, APPELLANT,
v.
GORDON A. TAYLOR ET AL., APPELLEES

Fla. 4th DCA | 1975-10-17
No. 75-516
CROSS, OWEN and DOWNEY, JJ„ concur.
320 So. 2d 418 Florida District Court of Appeal, Fourth District (1975) Caution
Cited by 23 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine on this interlocutory appeal that the order entered by the trial court in no way predetermined prior to trial the defenses by appellant, Wisconsin Real Estate Investment Trust, to plaintiff’s complaint. Accordingly, the order appealed is affirmed.

Affirmed.

CROSS, OWEN and DOWNEY, JJ„ concur.


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  • …contract, obligation, or liability founded on a written instrument” should be commenced within five years. The intent of section 95.11(2)(b) is to limit the commencement of actions from the time of their accrual. Cf. Walker v. Beech Aircraft Corp., 320 So. 2d 418 (Fla. 3d DCA 1975) (applying same intent to statute of limitations for wrongful death actions), cert, dismissed, 338 So. 2d 843 (Fla.1976). However, a cause of action cannot be said to have accrued, within the meaning of the statute of limitations,…
  • Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976)
    …75. The court dismissed the amended complaint with prejudice as against Mobil as being barred by the statute of limitations. The cause of action for wrongful death accrues upon the date of the decedent’s death. Walker v. Beech Aircraft Corporation, 320 So. 2d 418 (Fla.3d DCA 1975). The statute of limitations on a wrongful death action is two years. Section 95.11(4)(d), Florida Statutes. Where the last day of a limitation period falls on a Saturday, Sunday or legal holiday the period runs until the end of the…
  • Worrell v. John F. Kennedy Mem'l Hosp., Inc., 384 So. 2d 897 (Fla. 4th DCA 1980)
    …s, the limitation provided for wrongful death remained two years from death. See St. Francis Hospital Inc. v. Thompson, 159 Fla. 453, 31 So. 2d 710 (1947); [*900] Fletcher v. Dozier, 314 So. 2d 241 (Fla. 3d DCA 1975); Walker v. Beech Aircraft Corp., 320 So. 2d 418 (Fla. 3d DCA 1975); Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2nd DCA 1976); and Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975). As stated in Fletcher v. Dozier at 241 and 242, “The cause of action accrues and t…

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