Florida District Courts of Appeal, 1983

Schlakman v. Burger King, Inc.

Schlakman v. Burger King, Inc.
Florida District Courts of Appeal · Decided June 7, 1983 · No. 82-2180 · Baskin, Ferguson, Hendry
432 So. 2d 724; 1983 Fla. App. LEXIS 20522 (Southern Reporter, Second Series)
Schlakman v. Burger King, Inc.

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PER CURIAM.

A mere request by a defendant for a delay in bringing a suit, without any contract or agreement not to plead the statute of limitations, and absent a showing of deliberate conduct by the defendant intended to result in such delay until the statute has run, will not prevent him from asserting the defense. See Fletcher v. Dozier, 314 So.2d 241 (Fla. 1st DCA 1975); 51 Am. Jur.2d Limitation of Actions, § 443 (1970).

Affirmed.

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