MAYEDO v. OOLITE INDUSTRIES, INC.

No. 90-789.

566 So.2d 879 (1990)

Eulices MAYEDO, et al., Appellants, v. OOLITE INDUSTRIES, INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

September 11, 1990.


Attorney(s) appearing for the Case

Sherr, Tiballi, Fayne & Schneider, Fort Lauderdale, Daniels and Hicks and Bambi G. Blum, Miami, for appellants.

Gaebe, Murphy, Mullen & Antonelli and David Kleinberg, Miami, for appellees.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.


SCHWARTZ, Chief Judge.

This action was terminated below on statute of limitation grounds. The judgment represents an aggravated and obviously unacceptable case of both a reliance upon a meaningless technicality concerning the precise status of the corporate defendant as designated in the original complaint and the use of the ambush school of litigation in which the alleged defect was revealed only after the statutory period provided by section 607.297, Florida Statutes...

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