[Download] "Kelso v. State" by In the District Court of Appeal of the State of Florida Fourth District January Term 2005 # Book PDF Kindle ePub Free
eBook details
- Title: Kelso v. State
- Author : In the District Court of Appeal of the State of Florida Fourth District January Term 2005
- Release Date : January 09, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
On March 11, 2005, appellant, Barbara G. Banks, P.A. ("Banks, P.A."), filed a complaint against appellees, Thomas D. Lardin, P.A. ("Lardin, P.A.") and Thomas Lardin ("Lardin"), individually, for breach of their joint venture agreement, declaratory relief to determine Banks, P.A.s, rights under the agreement, and unjust enrichment. Appellees responded to the complaint by filing a motion for summary judgment asserting that the alleged breaches occurred before March 11, 2001, four years before the complaint was filed. As a result, the action on the oral agreement was barred by the four-year statute of limitations in section 95.11(3)(k), Florida Statutes (2005). The trial court granted the motion finding that Banks, P.A.s, cause of action accrued when appellees repudiated the contract on September 27, 1999, and was, therefore, barred by the statute of limitations. We disagree with the trial courts conclusion and reverse and remand for further proceedings.