Toledo Park Homes v. Grant, No. 82-2607

CourtCourt of Appeal of Florida (US)
Writing for the CourtHERSEY
Citation447 So.2d 343
PartiesTOLEDO PARK HOMES and H.D.V. Construction Corp., Appellants, v. John A. GRANT, Jr., Appellee.
Decision Date29 February 1984
Docket NumberNo. 82-2607

Page 343

447 So.2d 343
TOLEDO PARK HOMES and H.D.V. Construction Corp., Appellants,
v.
John A. GRANT, Jr., Appellee.
No. 82-2607.
District Court of Appeal of Florida,
Fourth District.
Feb. 29, 1984.
Rehearing Denied April 4, 1984.

Page 344

Ephraim Collins, Margate, for appellants.

Peters, Pickle, Flynn, Niemoeller & Downs, Miami, and Jeanne Heyward, Miami, for appellee.

HERSEY, Judge.

This matter began as an action for breach of contract and professional malpractice. Pursuant to contract entered into and performed in 1977, appellee, a registered land surveyor, prepared various plats and surveys for appellees. One such sketch of survey failed to disclose an encroachment by easement on a particular lot. After sale of that lot its purchaser filed suit and recovered damages from appellee occasioned by the undisclosed easement. In response to the complaint initiating the present litigation appellee interposed a motion to dismiss. One basis for the motion was that the statute of limitations applicable to professional malpractice, Section 95.11(4), Florida Statutes (1981), barred the action.

The trial court granted the motion and subsequently entered a final judgment finding that it was the intent of the legislature to remove claims involving professional malpractice arising out of contractual relationships based on a written instrument from the five (5) year statute of limitations set forth in Section 95.11(2), Florida Statutes, such causes of action being governed instead by the two (2) year statute of limitations provided for in Section 95.11(4), Florida Statutes.

Appellant argues that the two year statute of limitations for professional malpractice does not apply, relying on Lund v. Cook, 354 So.2d 940 (Fla. 1st DCA), cert. denied, 360 So.2d 1247 (Fla.1978). We agree with this proposition and reject appellee's hypothesis that every activity subject to the jurisdiction of the Department of Professional Regulation constitutes a "profession" within the scope of the malpractice statute of limitations, Section 95.11(4), Florida Statutes (1981). To hold otherwise would bring activities such as embalming and cosmetology within the professional malpractice statute of limitations. We are confident the legislature had no such intention. Accordingly, we hold that the four year statute of limitations in Section 95.11(3), Florida Statutes (1981) (actually its predecessor) applies here. Accord : School Board of Seminole County v. GAF Corp., 413 So.2d...

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13 practice notes
  • Enlow v. E.C. Scott Wright, P.A., Case No. 5D18-105
    • United States
    • Court of Appeal of Florida (US)
    • June 14, 2019
    ...it is successfully raised "only where its violation appears on the face of the complaint or its exhibits." Toledo Park Homes v. Grant, 447 So.2d 343, 344 (Fla. 4th DCA 1984) (citing 274 So.3d 1194 Estate of James v. Martin Mem'l Hosp., 422 So.2d 1043, 1045 (Fla. 4th DCA 1982) ). The statute......
  • Hawkins v. Washington Shores Sav. Bank, No. 86-378
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 1987
    ...of the issue is thus for the jury who should be permitted to determine when the cause of action accrued. Toledo Park Homes v. Grant, 447 So.2d 343 (Fla. 4th DCA REVERSED. COBB and COWART, JJ., concur. ...
  • Garden v. Frier, No. 78156
    • United States
    • United States State Supreme Court of Florida
    • July 2, 1992
    ...appraisal) did not absolutely require at least a four-year college degree of future admittees. We approve Toledo Park Homes v. Grant, 447 So.2d 343 (Fla. 4th DCA 1984), to the extent it reached a result consistent with our views...
  • Cristich v. Allen Engineering, Inc., Nos. 83-813
    • United States
    • Florida District Court of Appeals
    • November 1, 1984
    ...it is encompassed within section 95.11(4)(a), Florida Statutes. We recognize that the Fourth District, in Toledo Park Homes v. Grant, 447 So.2d 343 (Fla. 4th DCA 1984) has concluded The second and more difficult issue involves the last sentence in section 95.11(4)(a) which reads, "However, ......
  • Request a trial to view additional results
13 cases
  • Enlow v. E.C. Scott Wright, P.A., Case No. 5D18-105
    • United States
    • Court of Appeal of Florida (US)
    • June 14, 2019
    ...it is successfully raised "only where its violation appears on the face of the complaint or its exhibits." Toledo Park Homes v. Grant, 447 So.2d 343, 344 (Fla. 4th DCA 1984) (citing 274 So.3d 1194 Estate of James v. Martin Mem'l Hosp., 422 So.2d 1043, 1045 (Fla. 4th DCA 1982) ). The statute......
  • Hawkins v. Washington Shores Sav. Bank, No. 86-378
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 1987
    ...of the issue is thus for the jury who should be permitted to determine when the cause of action accrued. Toledo Park Homes v. Grant, 447 So.2d 343 (Fla. 4th DCA REVERSED. COBB and COWART, JJ., concur. ...
  • Garden v. Frier, No. 78156
    • United States
    • United States State Supreme Court of Florida
    • July 2, 1992
    ...appraisal) did not absolutely require at least a four-year college degree of future admittees. We approve Toledo Park Homes v. Grant, 447 So.2d 343 (Fla. 4th DCA 1984), to the extent it reached a result consistent with our views...
  • Cristich v. Allen Engineering, Inc., Nos. 83-813
    • United States
    • Florida District Court of Appeals
    • November 1, 1984
    ...it is encompassed within section 95.11(4)(a), Florida Statutes. We recognize that the Fourth District, in Toledo Park Homes v. Grant, 447 So.2d 343 (Fla. 4th DCA 1984) has concluded The second and more difficult issue involves the last sentence in section 95.11(4)(a) which reads, "However, ......
  • Request a trial to view additional results

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