ROSARIO v. PROCACCI COMMERCIAL REALTY

No. 97-3371.

717 So.2d 148 (1998)

Carmen L. ROSARIO and Ruben C. Rosario, Appellants, v. PROCACCI COMMERCIAL REALTY, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

September 11, 1998.


Attorney(s) appearing for the Case

Chadwick J. Lawrence of Law Office of Chadwick J. Lawrence, Kissimmee and Robert F. Kohlman of Kohlman & Mack, P.A., Miami, for Appellants.

Christa C. Werder and J. Scott Kirk and Richard A. Keller of Rumberger, Kirk & Caldwell, P.A., Orlando, for Appellee.


GOSHORN, Judge.

In this case, the trial court dismissed Appellants' suit for negligence based on its conclusion that the claims were barred by the applicable statute of limitations under the facts alleged in the complaint. However, we find that the complaint, though perhaps inartfully drafted, is ambiguous as to when the cause of action accrued and does not plainly show that the suit is beyond the four-year limitations period. Accordingly, the refusal to permit Appellants...

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