FRED ROEHNER, SOLL ROEHNER, MELVIN T. GOLDBERGER, DEAN MOSES AND EARL WORSHAM D/B/A REGENCY HIGHLAND ASSOCIATES, APPELLANTS,
v.
ATLANTIC COAST DEVELOPMENT CORPORATION, APPELLEE
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LETTS, Judge.
This is an appeal from a denial of a motion to dismiss a complaint to enforce an equitable lien, said complaint filed in excess of one year after the last furnishing of labor, services or material.
We reverse upon the authority of § 95.-ll(5)(b) (Fla.Stat.1975) which unequivocally requires such a suit to be filed within one year after the last furnishing of labor, services or material for the improvement of real property.
We are aware that a defense based on the statute of limitations is normally a matter of affirmative defense, but here it is inescapably clear from the face of the complaint that the suit was filed beyond the statutory period. Poulos v. Vordermeier, 327 So. 2d 245 (Fla. 4th DCA 1976).
REVERSED with direction to dismiss the action with prejudice.
DOWNEY and MOORE, JJ., concur.
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McCLENDON v. State, 372 So. 2d 1161 (Fla. 1st DCA 1979)…in the grand larceny count were taken during the same continuous sequence of events, and the prosecutor so conceded during his closing argument. The judgment and sentence for grand larceny of Miller are accordingly reversed. See Kimbrough v. State, 356 So. 2d 1296 (Fla. 4th DCA 1978); Taylor v. State, supra. The same reasoning does not apply to the argument that the aggravated battery of Miller, i. e. the shooting, was a lesser included offense of the robbery. Certainly it could not be contended that aggrava…
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City OF Riviera Beach v. Reed, 987 So. 2d 168 (Fla. 4th DCA 2008)…ction as a matter of law.’ ” Aquatic Plant Mgmt., Inc. v. Paramount Eng’g, Inc., 977 So. 2d 600, 604 (Fla. 4th DCA 2007) (quoting Bott v. City of Marathon, 949 So. 2d 295, 296 (Fla. 3d DCA 2007) (citation omitted)); Roehner v. Atl. Coast Dev. Corp., 356 So. 2d 1296, 1297 (Fla. 4th DCA 1978) (holding that dismissal is appropriate where it is “inescapably clear from the face of the complaint that the suit was filed beyond the statutory period”); see also Fla. R. Civ. P. 1.130(b) (“Any exhibit attached to a plead…
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Denes & Denes & Assocs., Inc. v. Walter E. Heller & Co. OF Fla., Inc., 396 So. 2d 760 (Fla. 3d DCA 1981)…urt’s entering judgment for appellees Heller, Flick and Garcia declining to impose an equitable lien and to award equitable relief. § 95.11(5), Fla.Stat. (1975); Kimbrell v. Fink, 78 So. 2d 96 (Fla.1955); Roehner v. Atlantic Coast Development Córp., 356 So. 2d 1296 (Fla. 4th DCA 1978). [*761] Taxing of costs for a copy of deposition is error. Florida Greyhound Lines, Inc. v. Jones, 60 So. 2d 396 (Fla.1952); Gator Shoe Corp. v. Taudte, 384 So. 2d 1344 (Fla.3d DCA 1980); Cohen v. Dennis, 209 So. 2d 465 (Fla.3d D…
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- Poulos v. Vordermeier, 327 So. 2d 245 (Fla. 4th DCA 1976)