Sholly v. DISC VILLAGE, INC.
Sholly v. DISC VILLAGE, INC.
12 So. 3d 1288; 2009 Fla. App. LEXIS 10118; 2009 WL 2191375
(Southern Reporter, Third Series)
Sholly v. DISC VILLAGE, INC.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.