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SCHLAKMAN v. BURGER KING, INC.

No. 82-2180.

432 So.2d 724 (1983)

Joann SCHLAKMAN, Appellant, v. BURGER KING, INC. and Employers Insurance of Wausau, Appellees.

District Court of Appeal of Florida, Third District.

June 7, 1983.

Attorney(s) appearing for the Case

Paul C. Hammerl and Malcolm B. Wisehart, Jr., Miami, for appellant.

Conroy & Simberg, Michael K. Wilensky and Bruce Simberg, Hollywood, for appellees.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

A mere request by a defendant for a delay in bringing a suit, without any contract or agreement not to plead the statute of limitations, and absent a showing of deliberate conduct by the defendant intended to result in such delay until the statute has run, will not prevent him from asserting the defense. See Fletcher v. Dozier, 314 So.2d 241 (Fla. 1st DCA 1975); 51 Am.Jur.2d Limitation of Actions, §...

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