Board of County Com'rs of Polk County v. Aetna Cas. & Sur. Co.

CourtUnited States State Supreme Court of Florida
Citation613 So.2d 2
PartiesBoard of County Commissioners of Polk County v. Aetna Casualty & Surety Company NO. 80,681
Decision Date26 January 1993

Page 2

613 So.2d 2
Board of County Commissioners of Polk County
v.
Aetna Casualty & Surety Company
NO. 80,681
Supreme Court of Florida.
Jan 26, 1993

Appeal From: 2d DCA, 604 So.2d 850

Disposition: Rev. den.

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4 practice notes
  • Vause v. Bay Medical Center, No. 94-549
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1996
    ...1994); Board of County Commissioners of Polk County, Fla. v. Aetna Casualty and Surety Co., 604 So.2d 850 (Fla. 2d DCA 1992), rev. denied, 613 So.2d 2 (Fla.1993); Attias v. Faroy Realty Co., 609 So.2d 105 (Fla. 3d DCA 1992). Even a relatively straightforward affirmative defense, such as one......
  • Mettler, Inc. v. Ellen Tracy, Inc., No. 93-02970
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1994
    ...105 (Fla. 3d DCA 1992); Board of County Com'rs of Polk County, Fla. v. Aetna Cas. & Sur. Co., 604 So.2d 850 (Fla. 2d DCA), review denied, 613 So.2d 2 Applying these principles to the complaint, amended complaint and second amended complaint in the instant case, we conclude the second amende......
  • Horn v. State, Dept. of Transp., No. 94-4262
    • United States
    • Court of Appeal of Florida (US)
    • January 4, 1996
    ...vehicle to raise statute of limitations defense only if it is apparent on face of complaint that claim is barred), review denied, 613 So.2d 2 (Fla.1993). Therefore, it was error to grant the Department's motion to dismiss as to those claims. Accordingly, we reverse the dismissal of those cl......
  • Platt By and Through Platt v. Florida Dept. of Health and Rehabilitative Services, Nos. 94-2980
    • United States
    • Court of Appeal of Florida (US)
    • August 28, 1995
    ...had been filed. See, e.g., Board of County Commissioners v. Aetna Casualty & Surety Co., 604 So.2d 850 (Fla. 2d DCA 1992), review denied, 613 So.2d 2 (Fla.1993) (motion to dismiss is appropriate vehicle to raise statute of limitations Page 1253 defense only if it is apparent on face of comp......
4 cases
  • Vause v. Bay Medical Center, No. 94-549
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1996
    ...1994); Board of County Commissioners of Polk County, Fla. v. Aetna Casualty and Surety Co., 604 So.2d 850 (Fla. 2d DCA 1992), rev. denied, 613 So.2d 2 (Fla.1993); Attias v. Faroy Realty Co., 609 So.2d 105 (Fla. 3d DCA 1992). Even a relatively straightforward affirmative defense, such as one......
  • Mettler, Inc. v. Ellen Tracy, Inc., No. 93-02970
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1994
    ...105 (Fla. 3d DCA 1992); Board of County Com'rs of Polk County, Fla. v. Aetna Cas. & Sur. Co., 604 So.2d 850 (Fla. 2d DCA), review denied, 613 So.2d 2 Applying these principles to the complaint, amended complaint and second amended complaint in the instant case, we conclude the second amende......
  • Horn v. State, Dept. of Transp., No. 94-4262
    • United States
    • Court of Appeal of Florida (US)
    • January 4, 1996
    ...vehicle to raise statute of limitations defense only if it is apparent on face of complaint that claim is barred), review denied, 613 So.2d 2 (Fla.1993). Therefore, it was error to grant the Department's motion to dismiss as to those claims. Accordingly, we reverse the dismissal of those cl......
  • Platt By and Through Platt v. Florida Dept. of Health and Rehabilitative Services, Nos. 94-2980
    • United States
    • Court of Appeal of Florida (US)
    • August 28, 1995
    ...had been filed. See, e.g., Board of County Commissioners v. Aetna Casualty & Surety Co., 604 So.2d 850 (Fla. 2d DCA 1992), review denied, 613 So.2d 2 (Fla.1993) (motion to dismiss is appropriate vehicle to raise statute of limitations Page 1253 defense only if it is apparent on face of comp......

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