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small claims case filed against a tenant on eve of expiration of statute of limitation was dismissed w/o prejudice. Case was filed in Osceola county, FL. Dismissed without prejudice because Plaintiff failed to appear. Initial statute of limitation is now expired
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Commercial Litigation Attorney serving St. Petersburg, FL
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If the Statute of Limitations has now expired, then if the Plaintiff files the action again, the Defendant can claim the Statute of Limitations ("SoL") as a defense. It does not prevent the Plaintiff from re-filing the suit and the SoL must be asserted as defense, but it should result in a complete defense to the claim.
Answered on Dec 10th, 2013 at 2:20 PM