SALCEDO v. ASOCIACION CUBANA, INC.

No. 78-1213.

368 So.2d 1337 (1979)

Maria SALCEDO and Edilberto Salcedo, Her Husband, Appellants, v. ASOCIACION CUBANA, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 1979.


Attorney(s) appearing for the Case

Friedman & Lipcon and Marc Reynolds, Miami, for appellants.

Preddy, Kutner & Hardy and Stephen T. Brown, Miami, for appellee.

Before HENDRY and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


SCHWARTZ, Judge.

The plaintiff appeals from a final order which dismissed her complaint on the ground that the statute of limitations barred the action. We reverse upon a holding that the defendant has become estopped to assert the limitations defense by successfully asserting a legal position earlier in litigation between the parties which was inconsistent with its present one and which was responsible for the assertedly fatal delay in filing the instant action....

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