Roger Lee, Inc., a Florida Corporation v. Trend Mills, Inc., a Georgia Corporation

This appeal 1 is from the district court’s order granting judgment on the pleadings 2 in favor of the defendantappellee based upon the Florida statute of limitations after the Florida statute was pleaded as an affirmative defense. We affirm.

This suit, commenced in a Florida state court and properly removed to the district court below by reason of diversity of citizenship 3 , was founded on a claim of breach of implied warranty as to the quality and condition of carpets manufactured by the appellee and sold to the plaintiff. The original complaint contained a demand for punitive damages, which…