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GOODWIN v. SPHATT

No. 2D11-4767.

114 So.3d 1092 (2013)

John GOODWIN, Appellant, v. Marcus SPHATT, an individual, and Buygone, Inc., a domestic corporation, and all assigns, and successors in interests, d/b/a Island Tree Service, Appellees.

District Court of Appeal of Florida, Second District.

June 12, 2013.

Attorney(s) appearing for the Case

Michael J.P. Baker of Mike Fink Trial Lawyers, P.A., Fort Myers, for Appellant.

Stuart M. Pepper , Cape Coral, for Appellees.

SILBERMAN, Chief Judge.

John Goodwin seeks review of the order dismissing his four-count complaint against Marcus Sphatt and Buygone, Inc., based on the expiration of the statute of limitations. We reverse because the allegations in the complaint do not conclusively establish that the statute of limitations had run on any of Goodwin's claims.

Goodwin's complaint alleged that Goodwin, Sphatt, and Buygone, Inc., entered into a business venture that was memorialized...

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