Legal Opinion
Bilic v. New Fairways Investment of Florida, Inc.
District Court of Appeal of Florida
Decided May 25, 1989No. 88-2217PublishedCited by 3 opinions
1Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a final judgment denying the plaintiff’s motion to amend and entering summary judgment in favor of the defendant Royal Bank of Canada.
The plaintiff's original cause of action against Royal Bank for conversion is barred by the statute of limitations.1 But it was error to enter summary judgment without leave to amend in the face of the plaintiff’s amended complaint which states a cause of action for breach of contract. Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla.1963); Roberts v. Braynon, 90 So.2d 623 (Fla.1956); Sarasota Commercial Refrigeration &…
2Cases cited5 opinions
- Roberts v. BraynonSupreme Court of Florida · 1956
- Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp.District Court of Appeal of Florida · 1977
- Turner v. Trade-Mor, Inc.District Court of Appeal of Florida · 1971
- Sarasota Commercial Refrigeration v. SchooleyDistrict Court of Appeal of Florida · 1980
- David Miller Distrib. Co., Inc. v. Fla. Nat. Bk.District Court of Appeal of Florida · 1977
3Cited by3 opinions
- Ron's Quality Towing, Inc. v. Southeastern Bank of Fla.District Court of Appeal of Florida · 2000
- DiPaolo v. Rollins Leasing Corp.District Court of Appeal of Florida · 1997
- Bilic v. New Fairway Investments of Florida, Inc.District Court of Appeal of Florida · 1992