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356 So. 2d 1296

Docket No. 77-717.

Roehner v. ATLANTIC COAST DEV. CORP.

Fred ROEHNER, Soll Roehner, Melvin T. Goldberger, Dean Moses and Earl Worsham D/B/a Regency Highland Associates, Appellants, v. ATLANTIC COAST DEVELOPMENT CORPORATION, Appellee.

District Court of Appeal of Florida

Decided March 28, 1978.

District Court of Appeal of Florida · decided 1978-03-28

Key passage — most relied on by later courts

“where it is 'inescapably clear from the face of the complaint that the suit was filed beyond the statutory period,'”

quoted by 1 later decision, including Hummer v. Adams Homes of Northwest Florida, Inc.

Relies on Poulos v. Vordermeier

Good law ✅— No negative treatment on recordhow we know

Decided 1978-03-28

How this case has been cited

Cited by 9 later decisions — most recently February 2016

9 state decisions

4019781980199020002010decided

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 →

¶1*1297 Dana C. Ferrell of Byrd & Ferrell, P.A., Fort Lauderdale, and Baskin, Schwartz, Brown & Libenson, Boca Raton, for appellants.

¶2No appearance for appellee.

¶3LETTS, Judge.

¶4This is an appeal from a denial of a motion to dismiss a complaint to enforce an equitable lien, said complaint filed in excess of one year after the last furnishing of labor, services or material.

¶5We reverse upon the authority of § 95.11(5)(b) (Fla. Stat. 1975) which unequivocally requires such a suit to be filed within one year after the last furnishing of labor, services or material for the improvement of real property.

¶6We are aware that a defense based on the statute of limitations is normally a matter of affirmative defense, but here it is inescapably clear from the face of the complaint that the suit was filed beyond the statutory period. Poulos v. Vordermeier,327 So.2d 245 (Fla. 4th DCA 1976).

¶7REVERSED with direction to dismiss the action with prejudice.

¶8DOWNEY and MOORE, JJ., concur.

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