Employment & Labor Law

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ROBERT S. CUILLO v. JERRY McCOY individually and as personal representative of THE ESTATE OF E. DON McCOY

27 Fla. L. Weekly D650 (Fla. 4th DCA Mar. 20, 2002)

Cuillo appealed from a final summary judgment entered against him. McCoy cross-appealed the award of prejudgment interest. Cuillo argued that the five-year statute of limitations set forth in section 95.11(2)(b) barred the enforcement of the debt because the default occurred more than five years before the suit was filed.

The court held that by application of section 95.01(1)(f), the partial payments made tolled the statute of limitations as a matter of law. Thus, the trial court was correct in granting summary judgment. The court affirmed the finding that prejudgment interest should run from the notice of default to Cuillo.

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