Florida District Courts of Appeal, 2009

Sholly v. DISC VILLAGE, INC.

Sholly v. DISC VILLAGE, INC.
Florida District Courts of Appeal · Decided July 24, 2009 · Barfield, Padovano, Lewis
12 So. 3d 1288; 2009 Fla. App. LEXIS 10118; 2009 WL 2191375 (Southern Reporter, Third Series)

Sholly v. DISC VILLAGE, INC.

Opinion

PER CURIAM.

The trial court dismissed Appellant’s complaint upon a motion to dismiss for failure to state a cause of action and upon an allegation that the claim was barred by the statute of limitations.

The complaint adequately pled a claim for negligent hiring and further alleged a valid basis for delayed discovery of the tort. The fact specific basis for this statute of limitations defense could not be resolved on a motion to dismiss.

The case is reversed and remanded to the trial court for further proceedings.

BARFIELD, PADOVANO, and LEWIS, JJ., concur.

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