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Zlotogura v. Geller

District Court of Appeal of Florida, Third District
Nov 13, 1996
681 So. 2d 778 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2170.

September 25, 1996. Rehearing Denied November 13, 1996.

Appeal from the Circuit Court, Dade County, Margarita Esquiroz, J.

Anderson Artigliere and Jon Anderson, Lakeland, for appellant.

Wood Quintairos, Kutner, Rubinoff Bush and Susan S. Lerner, Miami, for appellee.

Before BARKDULL, NESBITT and COPE, JJ.


We agree with the trial court that Chapter 92-102, section 2, Laws of Florida, which was the 1992 amendment to section 95.11, Florida Statutes (1991), did not create a new cause of action for child abuse. An amendment extending the time for pursuing a cause of action does not create a new cause of action, and such an amendment cannot revive a time-barred cause of action. Wiley v. Roof, 641 So.2d 66 (Fla. 1994). Therefore the final summary judgment dismissing the time-barred alleged cause of such action is affirmed. See Lindabury v. Lindabury, 552 So.2d 1117 (Fla. 3d DCA 1989), dismissed, 560 So.2d 233 (Fla. 1990); Boyce v. Cluett, 672 So.2d 858 (Fla. 4th DCA 1996).

Affirmed.


Summaries of

Zlotogura v. Geller

District Court of Appeal of Florida, Third District
Nov 13, 1996
681 So. 2d 778 (Fla. Dist. Ct. App. 1996)
Case details for

Zlotogura v. Geller

Case Details

Full title:PHYLLIS ZLOTOGURA, APPELLANT, v. FLORENCE GELLER, AS PERSONAL…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 13, 1996

Citations

681 So. 2d 778 (Fla. Dist. Ct. App. 1996)