JENKINS v. FRAZIER

No. 80-1745.

400 So.2d 150 (1981)

William S. JENKINS and Wilhelmina M. Jenkins, Husband and Wife, Appellants, v. Edward V. FRAZIER and H.H. Pate Excavating, Inc., Appellees.

District Court of Appeal of Florida, Second District.

June 19, 1981.


Attorney(s) appearing for the Case

David B. McEwen of McEwen & Gordon, P.A., Tampa, for appellants.

Charles P. Schropp and David R. Tyrrell of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellees.


CAMPBELL, Judge.

Appellants seek reversal of the trial court's order granting summary judgment dismissing their cause of action based on appellees' affirmative defense that the cause of action was barred by the applicable statute of limitations.

Appellants filed their original complaint against appellees within the period permitted by the statute of limitations. After the court permitted appellants' original counsel to withdraw, it allowed substitution of...

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