Legal Opinion

Anderson v. Mosher

District Court of Appeal of Florida

Decided May 3, 2000No. 4D99-1067PublishedCited by 1 opinion

1Opinion of the CourtKlein, J.

The issue in this case is whether the statute of limitations begins to run on an oral loan, payable on demand, when the loan is made, or when demand for payment is made. We hold, consistent with precedent of this court and the majority of jurisdictions deciding the issue, that the period of limitations begins to run at the time the loan is made, not when demand for payment is made, but certify conflict.

Appellee creditor has a judgment against Anderson Development Corporation in the amount of $77,732. When he was unable to collect the judgment, the creditor filed a motion for writ of…

2Cases cited5 opinions

  1. Smith v. Middle States Utilities Co.Supreme Court of Iowa · 1940
  2. Stoudenmire v. Florida Loan Co.District Court of Appeal of Florida · 1960
  3. Fleming v. Burbach Radio, Inc.District Court of Appeal of Florida · 1979
  4. Mason v. YarmusDistrict Court of Appeal of Florida · 1986
  5. DeSouza v. DeSouzaDistrict Court of Appeal of Florida · 1998

3Cited by1 opinion

  1. Mosher v. AndersonSupreme Court of Florida · 2002

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