B & P LIQUORS, INC. v. MUNDER

No. 94-1363.

654 So.2d 307 (1995)

B & P LIQUORS, INC., a Florida corporation, Appellant, v. Arturo MUNDER, Appellee.

District Court of Appeal of Florida, Third District.

May 10, 1995.


Attorney(s) appearing for the Case

Gustavo Gutierrez, Miami, for appellant.

Alan E. Greenfield and Roy R. Lustig, Coral Gables, for appellee.

Before BARKDULL, HUBBART and COPE, JJ.


PER CURIAM.

B & P Liquors, Inc., plaintiff below, appeals an adverse summary final judgment. We affirm the summary judgment as to the fraud and oral contract claims. We reverse as to the civil theft claim, since the applicable statute of limitations is five years and the civil theft claim is accordingly not barred. See §§ 772.11, 812.035(10), Fla. Stat. (1989).

Affirmed in part, reversed in part, and remanded with directions to reinstate...

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