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BENFIELD v. EVEREST VENTURE GROUP, INC.

No. 2D00-5084.

801 So.2d 1021 (2001)

Ralph M. BENFIELD, Appellant, v. The EVEREST VENTURE GROUP, INC. f/k/a Southeastern Insurance Consultants & Analysts, Inc. d/b/a S.I.C.A. Inc. f/k/a S.I.C.A., Inc.; and Brian Abeles, an individual, Appellees.

District Court of Appeal of Florida, Second District.

December 19, 2001.

Attorney(s) appearing for the Case

Charles R. Harrison of Law Firm of Charles R. Harrison, Winter Park, for Appellant.

Murray B. Silverstein of Law Offices of Murray B. Silverstein, St. Petersburg, for Appellees.

BLUE, Chief Judge.

Ralph M. Benfield appeals the dismissal with prejudice of his complaint against The Everest Venture Group, Inc., and Brian Abeles seeking collection of a promissory note. The trial court ruled the statute of limitations barred the claim. We conclude that partial payments made on the note tolled the applicable limitations period, and therefore, we reverse.

The promissory note at issue was executed in 1986 and called for payment to be made...

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