Mansfield v. R.J. Reynolds Tobacco Co.

I fully concur with the majority opinion to reverse and remand this case for the trial court to hold an evidentiary hearing consistent with Stmx. Mindful that appellate courts are not empowered to make findings of fact, Boyles v. A & G Concrete Pools, Inc., 149 So.3d 39, 51-52 (Fla. 4th DCA 2014), I nevertheless write to explain why, in my view, the evidence suggests that Mansfield’s complaint was timely filed.

The record summary judgment evidence shows that on January 11, 2008, the Osceola County clerk issued an “official clerk receipt,” which clearly states that on that day the clerk…