Opinion
No. 94-1363.
May 10, 1995.
An appeal from the Circuit Court for Dade County; David L. Tobin, Judge.
Gustavo Gutierrez, Miami, for appellant.
Alan E. Greenfield and Roy R. Lustig, Coral Gables, for appellee.
Before BARKDULL, HUBBART and COPE, JJ.
B P Liquors, Inc., plaintiff below, appeals an adverse summary final judgment. We affirm the summary judgment as to the fraud and oral contract claims. We reverse as to the civil theft claim, since the applicable statute of limitations is five years and the civil theft claim is accordingly not barred. See §§ 772.11, 812.035(10), Fla. Stat. (1989).
Affirmed in part, reversed in part, and remanded with directions to reinstate the civil theft claim.