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Florida Fifth DCA rules that trial court erroneously dismissed legal malpractice complaint on statute of limitations grounds; nothing within the fourth corners of the complaint conclusively established failure to comply with statute of limitations

On June 14, 2019, in Enlow v. Wright, Np. 5D18-105, the Florida Fifth DCA reversed a trial court’s order dismissing the plaintiff’s legal malpractice complaint on statute of limitations grounds.  The Fifth DCA observed that the cause of action accrued on the date the plaintiff’s appeal in the underlying action was dismissed, but that date was not included in the complaint or its attachments and was not incorporated by reference.  The Fifth DCA further noted that while the statute of limitations may be raised as an affirmative defense in a motion to dismiss for failure to state a claim, it is successfully raised "only where its violation appears on the face of the complaint or its exhibits," quoting Toledo Park Homes v. Grant, 447 So. 2d 343, 344 (Fla. 4th DCA 1984).

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