08-1669 WHITE CONSTRUCTION COMPANY, INC., v. TIMOTHY JONES

State: Florida

Court: Florida First District Court

Docket No: 08-1669

Case Date: 06/03/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

WHITE CONSTRUCTION COMPANY, INC., Appellant,

CASE NO. 1D08-1669 v. TIMOTHY JONES, Appellee. _____________________________/ Opinion filed June 3, 2009. An appeal from the Circuit Court for Jackson County. Elijah Smiley, Judge. George E. Spofford, IV, and Aaron W. Proulx, of Glenn Rasmussen Fogarty & Hooker, P.A., Tampa, for Appellant. Christopher T. McRae and David J. Metcalf of McRae & Metcalf, P.A., Tallahassee, for Appellee.

PER CURIAM. This case arises from a 1992 agreement by which Timothy Jones licensed White Construction Co. to mine limerock deposits under Jones' property. In the present lawsuit litigated in the circuit court, each party alleged the other party

breached the agreement. We affirm the final judgment for Jones and reject Jones's argument on cross-appeal regarding White's failure to mine the land continuously. The trial court correctly determined that the applicable statute of limitations, section 95.11(2)(b), Florida Statutes (1997), barred White's counterclaim for breach in this case. According to White's own pleadings, arguments, and evidence at trial, the company's case against Jones rested on the theory that Jones breached the mining agreement in 1997

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