Mackle v. Mackle

SCHWARTZ, Judge.

On the basis of Section 733.104(1), Florida Statutes (1979), the trial judge dismissed this action for fraud allegedly committed during his lifetime upon Elliott Mackle, the decedent of the plaintiff-personal representative, because the complaint was filed more than one year after his death. This was error.

Section 733.104(1) provides:

Suspension of statutes of limitation in favor of the personal representative-(1) If a person entitled to bring an action dies before the expiration of the *1082time limited for the commencement of the action and the cause of action survives,1 the…