LARRY LEATHERWOOD, APPELLANT,
v.
THE CITY OF KEY WEST, MERLE PAPY, AND THE INSURANCE COMPANY OF NORTH AMERICA, A PENNSYLVANIA CORPORATION, A/K/A INA, JOINTLY AND SEVERALLY, APPELLEES
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Plaintiff Leatherwood appealed a summary judgment dismissing his false arrest, false imprisonment, and malicious prosecution claims against the City of Key West and its liability insurer. The court affirmed, holding that the suit was barred by the one-year statute of limitations applicable to municipal liability claims.
The court held that Leatherwood's claims were barred by the one-year statute of limitations. The cause of action for false arrest and imprisonment accrued on January 5, 1973, and for malicious prosecution on the date of dismissal in December 1973. The City was not estopped from pleading the statute of limitations because the alleged estoppel acts occurred after the statute had run. INA was bound by the same limitations as its insured.
[1] A cause of action for false arrest and imprisonment accrues on the date of the arrest.
[2] A cause of action for malicious prosecution accrues at the time of the dismissal of the charge.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The cause of action for false arrest and imprisonment accrued on the day of plaintiff's arrest, January 5, 1973.”
Establishes when the statute of limitations began to run for false arrest claims.
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Join FLexlaw to unlock all legal intelligenceOn January 5, 1973, Leatherwood was arrested by Key West police officer Merle Papy for assaulting an officer. The charge was dismissed in December 197…
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PER CURIAM.
Plaintiff, Larry Leatherwood, seeks reversal of a summary final judgment entered in favor of the City of Key West and its liability insurer. On January 5,1973 plaintiff was arrested by Merle Papy, a City of Key West police officer, on the charge of assaulting an officer and in December the charge was dismissed for Papy’s failure to appear. On April 29, 1975 plaintiff filed suit against Merle Papy, the City of Key West and its liability insurer, The Insurance Company of North America (INA), for false imprison ment, false arrest and malicious prosecution. Subsequently the service as to INA was quashed with leave to re-serve; however, INA was never reserved. Papy, Key West and INA moved for summary judgment and after a hearing, the trial judge granted summary judgment as to Key West and INA. We affirm.
The cause of action for false arrest and imprisonment accrued on the day of plaintiff’s arrest, January 5, 1973. See Gordon v. City of Belle Glade, 132 So. 2d 449 (Fla.2d DCA 1961). In addition, plaintiff’s cause of action for malicious prosecution accrued at the time of dismissal of the charge against him in December 1973. See American Salvage and Jobbing Company, Inc. v. Salomon, 295 So. 2d 710, 712 (Fla.3d DCA 1974). At the time the respective causes of action against the City of Key West and INA accrued, a one-year statute of limitation was in effect. See Section 95.24, Florida Statutes (1973).1 Thus, it is abundantly clear the plaintiff’s suit filed in April 1975 was untimely as to these two defendants. Furthermore, contrary to plaintiff’s contention that the City of Key West was estopped to plead the statute of limitations, we find the City is not so es-topped as the alleged acts, which plaintiff contends constitute an estoppel, occurred subsequent to the running of the statute of limitations. We also find no error in the entry of judgment for INA in spite of the fact it was not re-served as INA is held to the same accountability as its insured, the City of Key West, and was still under a duty to defend the City.
Affirmed.
. “95.24 Liability of cities and villages for damages to person or property.—
“(1) No action shall be brought against any city or village for any negligent or wrongful injury or damage to person or property unless brought within twelve months from the time of the injury or damages.”
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Erling Knud Ove Hansen, Jr. v. State, 503 So. 2d 1324 (Fla. 1st DCA 1987)…nalysis as to the false imprisonment claim, we hold that it was properly dismissed as to the State and the estate of Morrison as being barred by section 768.28(6). Appellant’s cause of action accrued upon his arrest. Leatherwood v. City of Key West, 347 So. 2d 441 (Fla. 3d DCA 1977), cert. denied, 358 So. 2d 131 (Fla.1978); Gordon v. City of Belle Glade, 132 So. 2d 449 (Fla. 3d DCA 1961). However, as held above, dismissal as to Cummings would be proper on the basis of prosecutorial immunity. Lloyd v. Hines.…
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Scullock v. Hillsborough Cnty. Sheriff David GEE & Deputy Joseph Akos, 133 So. 3d 1208 (Fla. 2d DCA 2014)…on alleging false arrest by a sheriffs deputy. We reverse. Scullock’s suit was based on an allegedly false arrest that occurred on April 9, 2007. A cause of action for false arrest accrues on the day of the arrest. Leatherwood v. City of Key West, 347 So. 2d 441, 442 (Fla. 3d DCA 1977) (citing Gordon v. City of Belle Glade, 132 So. 2d 449 (Fla. 2d DCA 1961)). The statute of limitations for actions based on false arrest is four years. § 95.11(3)(o), Fla. Stat. (2010). Measuring from the date of the arrest, t…
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Scullock v. Hillsborough Cnty. Sheriff David GEE, 161 So. 3d 421 (Fla. 2d DCA 2014)…2007, and the statute of limitations expired on May 16, 2011. See Cristiani v. City of Sarasota, 65 So. 2d 878, 879 (Fla.1953). The cause of action for false arrest accrued on the day of the arrest, May 14, 2007. See Leatherwood v. City of Key West, 347 So. 2d 441, 442 (Fla. 3d DCA 1977) (citing Gordon v. City of Belle Glade, 132 So. 2d 449 (Fla. 2d DCA 1961)). This claim, too, is subject to a four-year statute of limitations. See § 95.11(3)(o), Fla. Stat. (2010). Four years from the date of the arrest was Ma…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Salvage & Jobbing Co., Inc. v. Jacque Salomon, 295 So. 2d 710 (Fla. 3d DCA 1974)
- Gordon v. City OF Belle Glade, 132 So. 2d 449 (Fla. 2d DCA 1961)