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POLIAKOFF v. NATIONAL EMBLEM INSURANCE COMPANY

No. 70-925.

249 So.2d 477 (1971)

Gary A. POLIAKOFF, Appellant, v. NATIONAL EMBLEM INSURANCE COMPANY, an Illinois Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1971.

Attorney(s) appearing for the Case

Becker & Kimler, Miami, for appellant.

Adams, George, & Wood and David L. Willing, Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.

PEARSON, Chief Judge.

The appellant urges that the trial court erred in dismissing his complaint for damages upon a claim of fraudulent misrepresentation. The appellee urges that the complaint was properly dismissed because it showed upon its face that the action was barred by that portion of F.S. § 725.01, F.S.A., which provides:

"No action shall be brought * * * upon any agreement that is not to be performed within the space of one year from the making...

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