PHILLIPS v. CITY OF WEST PALM BEACH

No. 4D13-782.

133 So.3d 1071 (2014)

Elroy A. PHILLIPS, Appellant, v. CITY OF WEST PALM BEACH, Appellee.

District Court of Appeal of Florida, Fourth District.

January 8, 2014.


Attorney(s) appearing for the Case

Elroy A. Phillips, Miami, pro se.

Christopher Van Hall , City Attorney, and Kimberly Rothenburg , Assistant City Attorney, West Palm Beach, for appellee.


GERBER, J.

The plaintiff appeals from the circuit court's final order granting the city's motion to dismiss his fourth amended complaint with prejudice and denying his motion for leave to amend the fourth amended complaint. The plaintiff argues the court violated his due process rights by raising the statute of limitations as the basis for its order when the city never alleged a statute of limitations defense. The plaintiff also argues the court erred in denying his...

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