Florida District Courts of Appeal, 1995

Black v. Florida Department of Corrections

Black v. Florida Department of Corrections
Florida District Courts of Appeal · Decided April 24, 1995 · No. 94-3315 · Benton, Booth, Miner
652 So. 2d 1291; 1995 Fla. App. LEXIS 4218; 1995 WL 234658 (Southern Reporter, Second Series)
Black v. Florida Department of Corrections

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

Because appellant’s complaint alleged a tolling of the statute of limitations based on 28 U.S.C. § 1367(d) (Supp. 1992), the motion to dismiss based on the statute of limitations claim should have been denied. Truitt v. Metropolitan Mortgage Co., 609 So.2d 142 (Fla. 4th DCA 1992). We reverse the order of dismissal of the complaint and remand this cause to the trial court with instructions to reinstate the complaint.

BOOTH, MINER and BENTON, JJ., concur.

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