George G. Sharp, Inc. v. Doric Marine, Inc., 88-1934

Decision Date04 April 1989
Docket NumberNo. 88-1934,88-1934
Citation14 Fla. L. Weekly 851,544 So.2d 228
Parties14 Fla. L. Weekly 851 GEORGE G. SHARP, INC., Appellant, v. DORIC MARINE, INC., Appellee.
CourtFlorida District Court of Appeals

Thornton, David & Murray and Terry L. Redford, and Linda Ann Singer, Miami, for appellant.

Holland & Knight and John Campbell, Miami, for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

Florida Rule of Civil Procedure 1.510(c), requires that a motion for summary judgment "state with particularity the grounds upon which it is based and the substantial matters of law to be argued." Where, as here, the motion and affidavits are based only on a statute of limitations defense, the movant is not entitled to a summary judgment based on laches, a different affirmative defense. See 35 Fla.Jur.2d Limitations and Laches § 93 (1982) (citing Cook v. Central & S. Fla. Flood Control Dist., 114 So.2d 691 (Fla. 2d DCA 1959)) (laches must be plead affirmatively). See also, Note, The Doctrine of Laches in Florida: A Statutory Hybrid, 13 Stetson L.Rev. 446, 449 (1984) ("In contrast to the statute of limitations which is applicable at law, the equitable doctrine of laches is not based solely on the passage of time.") (citing Wiggins v. Lykes Bros., 97 So.2d 273 (Fla.1957); Tower v. Moskowitz, 262 So.2d 276 (Fla. 3d DCA), cert. denied, 268 So.2d 906 (Fla.1972)).

Reversed and remanded for further consistent proceedings.

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