ZAGLIN v. DINKLER

No. 83-2406.

449 So.2d 417 (1984)

Lawrence C. ZAGLIN, Appellant, v. Carling DINKLER, Jr., As Personal Representative of the Estate of Cornelia D. Dinkler and Palm Bay Towers Corp., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

May 8, 1984.


Attorney(s) appearing for the Case

Richard & Richard and Dennis Alan Richard, Miami, for appellant.

Smith & Mandler and Mitchell W. Mandler, Miami Beach, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

The appellees have correctly conceded that the trial court erred in dismissing Counts II, III and IV of the appellant's complaint, since it is abundantly clear that (1) the statute of limitations provides no basis for dismissal unless, which is not the case here, it affirmatively appears on the face of the complaint that the counts are limitations barred; (2) similarly, the dead man's statute, § 90.602, Fla. Stat., cannot support a dismissal since...

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