Legal Opinion

Xavier v. Leviev Boymelgreen Marquis Developers, LLC

District Court of Appeal of Florida

Decided November 21, 2012No. 3D11-549PublishedCited by 9 opinions

1Opinion of the CourtLogue, J.

On November 10, 2009, Maiko A. Xavier and Gricell B. Perez (“the Buyers”) commenced a lawsuit against Leviev Boy-melgreen Marquis Developers, LLC (“the Developer”) for the return of a $175,000 deposit relating to a real estate transaction dating back to August 2, 2005. The Buyers’ amended complaint was dismissed with prejudice on the grounds that it was filed outside the four-year statute of limitations. The Buyers appeal the dismissal.

If this case involved a standard cause of action for the violation of the terms of a real estate contract, it would be time-barred. The Buyers allege, however,…

2Cases cited3 opinions

  1. Blue Supply Corp. v. Novos Electro Mech., Inc.District Court of Appeal of Florida · 2008
  2. Thrasher v. First Natl. Bank of MiamiDistrict Court of Appeal of Florida · 1974
  3. SALTPONDS CONDO. v. Walbridge Aldinger Co.District Court of Appeal of Florida · 2008

3Cited by9 opinions

  1. Estate of Yevgenyi Scherban v. Suntrust BankDistrict Court, District of Columbia · 2016
  2. Smith v. BrusterDistrict Court of Appeal of Florida · 2014
  3. HSBC Bank USA, Nat'l Ass'n v. NelsonDistrict Court of Appeal of Florida · 2018
  4. Sewell v. Racetrac Petroleum, Inc.District Court of Appeal of Florida · 2017
  5. Bobo's Drugs, Inc. v. Fagron, Inc.District Court, M.D. Florida · 2018

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