08-5560 CHRISTOPHER SHOLLY, v. DISC VILLAGE, INC., d/b/a GREENVILLE HILLS ACADEMY

State: Florida

Court: Florida First District Court

Docket No: 08-5560

Case Date: 07/24/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHRISTOPHER SHOLLY , Appellant, v. CASE NO. 1D08-5560 DISC VILLAGE, INC., d/b/a GREENVILLE HILLS ACADEMY, Appellee. _____________________________/ Opinion filed July 24, 2009. An appeal from the Circuit Court for Leon County. William L. Gary, Judge. Richard W. Reno, Crawfordville, for Appellant. David A. Cornell and Jeremy L. Dubyak, Jacksonville, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. The trial court dismissed Appellant's complaint upon a motion to dismiss for failure to state a cause of action and upon an allegation that the claim was barred by the statute of limitations.

The complaint adequately pled a claim for negligent hiring and further alleged a valid basis for delayed discovery of the tort. The fact specific basis for this statute of limitations defense could not be resolved on a motion to dismiss. The case is reversed and remanded to the trial court for further proceedings. BARFIELD, PADOVANO, and LEWIS, JJ., CONCUR.

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