Velazquez v. Metropolitan Dade County
| Decision Date | 13 December 1983 |
| Docket Number | No. 83-1140,83-1140 |
| Citation | 442 So.2d 1036 |
| Parties | Carlos VELAZQUEZ, Appellant, v. METROPOLITAN DADE COUNTY, Appellee. |
| Court | Florida District Court of Appeals |
Stabinski & Funt and Norman Funt, Miami, for appellant.
Talburt, Kubicki & Bradley, and Gail Leverett Kniskern, Miami, for appellee.
Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.
We reject the plaintiff's challenge to section 95.11(3)(a), Florida Statutes (1981), as an unconstitutional denial of access to the courts. Our supreme court has responded to the issues raised herein when it decided Slaughter v. Tyler, 126 Fla. 515, 171 So. 320 (1936), overruled on other grounds, Manning v. Serrano, 97 So.2d 688 (Fla.1957); accord Gasparro v. Horner, 245 So.2d 901 (Fla. 4th DCA 1971). Since the emancipated minor in the present case had access to the courts through his natural parents, the statute of limitations was not tolled during his minority.
Consequently, the order dismissing the complaint is affirmed.
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Lindabury v. Lindabury
...limitations period were to be tolled during appellant's minority, a point which we by no means concede, see Velazquez v. Metropolitan Dade County, 442 So.2d 1036 (Fla. 3d DCA 1983), rev. denied, 449 So.2d 265 (Fla.1984); but see Drake v. Island Community Church, Inc., 462 So.2d 1142 (Fla. 3......
- Rodriguez v. State, 83-1210
- Velazquez v. Metropolitan Dade County