Forbes v. Lehner

Robin Forbes, as the successor trustee of two trusts, appeals the dismissal of his complaint in a “clawback” action against an attorney who represented the former trustees. The complaint alleges the former trustees used trust assets to pay the attorney contrary to a court order. The complaint was filed more than four years after the alleged payments were made. The trial court dismissed the complaint as barred by the statute of limitations.

Generally, the statute of limitations is an affirmative defense that should be raised in an answer to a complaint. See Fla. R. Civ. P. 1.110(d)). There is…