Carlon v. Levitz Furniture Corp., 374 So. 2d 1156

PER CURIAM.

The trial court erred in entering summary final judgment against the appellant on the ground that his cause of action for conversion was barred by the statute of limitations. We find that there was a material issue of disputed fact regarding when the appellant’s cause of action accrued. This issue should not have been resolved through summary judgment but was exclusively for the trier of fact to determine. See Hart v. Hart, 234 So.2d 393 (Fla. 1st DCA 1970).

Reversed.

Case Details

Case Name: Carlon v. Levitz Furniture Corp.

Court Name: District Court of Appeal of Florida

Date Published: Sep 18, 1979

Citations: 374 So. 2d 1156; No. 78-1531

Docket Number: No. 78-1531

Court Abbreviation: Fla. Dist. Ct. App.