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189 So. 2d 515

Meyer v. Roth

District Court of Appeal of Florida

Decided July 26, 1966

District Court of Appeal of Florida · decided 1966-07-26

Key passage — most relied on by later courts

“the cause of action, if any, arose at the time of the negligent act, misconduct, or alleged breach and not from the time when the damages resulted.”

quoted by 1 later decision, including 478 So. 2d 423 - Dovenmuehle, Inc. v. LAWYERS TITLE INS.

Relies on 65 So. 2d 878 - Cristiani v. City of Sarasota · Fradley v. County of Dade · Lucom v. Atlantic National Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1966-07-26

How this case has been cited

Cited by 5 later decisions — most recently November 2006

1 federal appellate · 4 state decisions

2019661970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellants filed a complaint in which it was alleged that a certain subordination of mortgage agreement was delivered to the appellee in escrow and that because of the unauthorized delivery of said agreement before the performance of the condition agreed upon they were damaged. The complaint contained a count for breach of the oral escrow agreement and a count for damages on account of negligence in the performance thereof.

¶2The alleged wrongful delivery occurred and the agreement was recorded on or about June 18, 1958. This action was instituted on October 4, 1963.

¶3The cause of action, if any, arose at the time of the negligent act, misconduct or alleged breach, and not from the time when damages resulted. Lucom v. Atlantic National Bank of West Palm Beach, Fla., 354 F.2d 51 (5th Cir.1965); Cristiani v. City of Sarasota, Fla.1953, 65 So.2d 878; Fradley v. County of Dade, Fla.App. 1966, 187 So.2d 48; Simmons v. Bank of America, N.T.&S.A., 159 Cal.App.2d 566, 323 P.2d 1043 (1958). Section 95.11 Fla.Stat., F.S.A. permits actions on oral contracts within three years and tort actions within four jrears.

¶4It appearing that this action was initiated more than four years after the date of the alleged wrongful delivery, the lower court correctly determined that it was barred by the statute of limitations.

¶5Accordingly the decree appealed is affirmed.

¶6Affirmed.

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