Community Title Co. v. Stewart Title Guaranty Co.

PER CURIAM.1

Community Title Company (“appellant”) appeals from a summary judgment entered in favor of Stewart Title Guaranty Company (“respondent”). Appellant’s original claim against respondent for breach of contract in failing to pay money due was dismissed without prejudice over four years after the cause of action accrued. Appellant re-filed the claim approximately fifteen months later, which was beyond the five-year breach of contract statute of limitations. The trial court held that appellant’s claim was time barred by the five-year statute of limitations. However, the ten-year statute…