Black v. Florida Department of Corrections

Because appellant’s complaint alleged a tolling of the statute of limitations based on 28 U.S.C. § 1367(d) (Supp.1992), the motion to dismiss based on the statute of limitations claim should have been denied. Truitt v. Metropolitan Mortgage Co., 609 So.2d 142 (Fla. 4th DCA 1992). We reverse the order of dismissal of the complaint and remand this cause to the trial court with instructions to reinstate the complaint.

BOOTH, MINER and BENTON, JJ., concur.