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DAYTONA DEVELOPMENT CORP. v. McFARLAND

No. 83-1770.

454 So.2d 761 (1984)

DAYTONA DEVELOPMENT CORPORATION, a/K/a Daytona Corporation, a Florida Corporation; K.D. Sauder, a/K/a Kenneth D. Sauder and Anita L. Sauder, His Wife; Gregg, Inc., a Florida Corporation; Cleardale, Inc., a Florida Corporation, Appellants, v. Donald O. McFARLAND; Phillips, McFarland, Gould, Wilhelm & Wagstaff, P.A., a Florida Professional Corporation, Formerly Phillips, McFarland, Gould & Kornes, P.A., a Florida Professional Corporation; St. Paul Fire & Marine Insurance; the Travelers Indemnity Company; Gulf Insurance Company; United States Fire Insurance Company; and Select Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

August 24, 1984.

Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami; Walt Logan of Stolba, Logan, Conklin & Verona, P.A., St. Petersburg; and Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, for appellants.

A. Broaddus Livingston, John W. Boult and Sylvia H. Walbolt of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellees.

PER CURIAM.

The plaintiffs filed a legal malpractice suit against the defendants on February 22, 1978. The defendants raised as an affirmative defense that the action was barred by the applicable statute of limitations, section 95.11(4)(a), Florida Statutes (1977). This section provides that a suit for legal malpractice shall be commenced within two years "from the time the cause of action is discovered or should have been discovered with the exercise of due diligence...

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