Zaglin v. Dinkler

The appellees have correctly conceded that the trial court erred in dismissing Counts II, III and IV of the appellant’s complaint, since it is abundantly clear that (1) the statute of limitations provides no basis for dismissal unless, which is not the case here, it affirmatively appears on the face of the complaint that the counts are limitations barred; (2) similarly, the dead man’s statute, § 90.602, Fla.Stat., cannot support a dismissal since a trial court, in considering a motion to dismiss, “is not permitted to speculate as to whether a plaintiff will be able to prove his allegations,…