Carlon v. Levitz Furniture Corp.

The trial court erred in entering summary final judgment against the appellant on the ground that his cause of action for conversion was barred by the statute of limitations. We find that there was a material issue of disputed fact regarding when the appellant’s cause of action accrued. This issue should not have been resolved through summary judgment but was exclusively for the trier of fact to determine. See Hart v. Hart, 234 So.2d 393 (Fla. 1st DCA 1970).

Reversed.