Lake Wales Publishing Company v. Florida Visitor by Second District Court of Appeal of Florida

Lake Wales Publishing Company v. Florida Visitor

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  • Genre Law
  • Released
  • Size 67.11 kB

Description

This case concerns a contract entered into by the plaintiff/appellant in 1971 to compile, edit and publish certain pamphlets and other printed materials for the defendants/appellees. The issue is whether the contract was subject to the three-year statute of limitations governing unwritten contracts (F.S. § 95.11(5)(e) (1973)), or the four year statute under the Uniform Commercial Code (F.S. § 672.2-725 (1973)), effectively transferred to Fla.Stat. § 95.11(3)(k) (1975) as of January 1, 1975.1 Appellant filed suit on January 15, 1975. The trial court dismissed the appellant's second amended complaint with prejudice on grounds that its action was barred by the three-year statute of limitations in Fla.Stat. § 95.11(5)(e) (1973). This appeal ensued. We reverse.

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