Floyd v. Donahue

OPINION

LANKFORD, Judge.

On this appeal from the dismissal of a complaint, we consider whether the statute of limitations bars a plaintiffs claims that her father sexually molested her from the time she was twelve years old. We hold that her claims of childhood abuse are barred, but that she may sue for acts occurring less than two years before she filed this action.

Although the trial court dismissed the complaint, it considered evidentiary matters in ruling on the motion to dismiss. The court thereby treated the motion as one for summary judgment. See Ariz. R. Civ. P. 12(b). Accordingly, we…