Summary
selecting the Fraud limitations period for the gross negligence claim, but not challenging the two year limitation period previously selected for the federal securities claim
Summary of this case from Bryne v. Gulfstream First Bank Trust Co., Etc.Opinion
No. 75-1030.
August 5, 1976.
Bernard R. Pollock, John F. Bomster, Providence, R. I., Paul, Landy Beiley, Lawrence R. Heller, Miami, Fla., George L. Chimento, Providence, R. I., for plaintiff-appellant.
Robert Orseck, Robert L. Parks, Miami, Fla., Howard L. Kastel, Chicago, Ill., for Alexander Grant Co.
Morton P. Brown, North Miami, Fla., for Sani Dist. Inc., and others.
Appeals from the United States District Court for the Southern District of Florida.
Before BROWN, Chief Judge, TUTTLE and GEE, Circuit Judges.
ON PETITION FOR REHEARING [2] (Opinion June 4, 1976, 5 Cir. 1976, 532 F.2d 1013)
Appellant correctly asserts that the Florida blue-sky law's two-year statute of limitation does not bar its cause of action for gross negligence. This is governed by the Florida fraud statute of limitation, and appellant alleges that its complaint falls within this three-year period. However, the trial court found conclusively that defendant's action did not constitute fraud or gross negligence, a finding with which we agree. We, therefore, put aside all problems of date of discovery and decline to consider further whether the negligence here was so gross as to constitute constructive fraud. See State Street Trust Co. v. Ernst, 278 N.Y. 104, 15 N.E.2d 416 (1938). The petition for rehearing is DENIED.