McMillan v. Shively

Appellants seek review of the trial court’s order denying their specific performance count based on the determination that the action was barred by the statute of limitations. Section 95.11(5)(a), Florida Statutes (2008), requires an action for specific performance of a contract be brought within one year, and the statute of limitations begins to run on the date the contract is breached. Cent. Nat’l Bank of Miami v. Centr. Bancorp, Inc., 411 So.2d 358, 362 (Fla. 3rd DCA 1982); see also City of Orlando v. Williams, 493 So.2d 15, 16 (Fla. 5th DCA 1986).

Appellants concede a breach occurred in…