MARGERUM v. ROSS BUILDERS, INC.

No. 82-646.

427 So.2d 261 (1983)

Amelia T. MARGERUM, Appellant, v. ROSS BUILDERS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

February 16, 1983.


Attorney(s) appearing for the Case

Terrence William Ackert of Legal Aid Society of Orange County Bar Ass'n, Inc., and Charles R. Stepter, Jr., Orlando, for appellant.

Alice Blackwell White of Lowndes, Drosdick, Doster & Kantor, P.A., Orlando, for appellee.


ORFINGER, Chief Judge.

We reverse the final order entered by the trial court, which dismissed the action on the ground that it was barred by the applicable statute of limitations. There are no allegations in the second amended complaint that show, as a matter of law, the necessary application of the statute of limitations. Only when an affirmative defense appears on the face of a prior pleading may that defense be argued as a ground for a motion to dismiss. Fla.R...

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