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Helton v. Gunderson

District Court of Appeal of Florida, Third District
Apr 8, 1998
708 So. 2d 1029 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2698.

Opinion filed April 8, 1998. JANUARY TERM, 1998. Rehearing Denied May 13, 1998.

An Appeal from the Circuit Court of Monroe County, Richard G. Payne, Judge. L.T. No. 96-108

Kris Edward Helton, in proper person.

Mark L. Willis, for appellee.

Before GODERICH, FLETCHER and SHEVIN, JJ.


We find that the trial court properly dismissed with prejudice the counts of the plaintiff's complaint that were founded in oral contracts, fraud, and the taking of property as they are barred by the four-year statute of limitations. § 95.11(3), Fla. Stat. (1991). However, as the plaintiff properly concedes, this cause must be remanded for correction of a scrivener's error because the order should have dismissed Counts II-XII.

Affirmed and remanded.


Summaries of

Helton v. Gunderson

District Court of Appeal of Florida, Third District
Apr 8, 1998
708 So. 2d 1029 (Fla. Dist. Ct. App. 1998)
Case details for

Helton v. Gunderson

Case Details

Full title:KRIS EDWARD HELTON, Appellant, vs. MARCELLA M. GUNDERSON, etc., Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 8, 1998

Citations

708 So. 2d 1029 (Fla. Dist. Ct. App. 1998)