Nelson Props., Inc. v. Denham, 179 So. 406 (Fla. 1938). · Go Syfert
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Nelson Props., Inc. v. Denham, 179 So. 406 (Fla. 1938). Cases Citing This Book View Copy Cite
13 citation events across 2 distinct courts.
Strongest positive: Maybusher v. Hollihan (fladistctapp, 1992-12-23)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Maybusher v. Hollihan
Fla. Dist. Ct. App. · 1992 · confidence medium
While it is true that ‘mere ignorance of the facts which constitute the cause of action will not postpone the operation of the statute of limitations,’ Franklin Insurance Co. v. Tharpe, 131 Fla. 213, 214 , 179 So. 406, 407 (1938), it is equally true that where the plaintiff’s ignorance is blameless, the cause of action will not arise until the plaintiff knows or is chargeable with knowledge of an invasion of his legal right, Miami Beach First National Bank v. Edgerly, 121 So.2d 417 (Fla.1960).
discussed Cited "see" Flanagan v. WAGNER, NUGENT
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
In Senfeld v. Bank of Nova Scotia Trust Co., 450 So.2d 1157 (Fla. 3d DCA 1984), the court explained: While it is true that "mere ignorance of the facts which constitute the cause of action will not postpone the operation of the statute of limitations," Franklin Insurance Co. v. Tharpe, 131 Fla. 213, 214 , 179 So. 406 , 407 (1938), it is equally true that where the plaintiff's ignorance is blameless, the cause of action will not arise until the plaintiff knows or is chargeable with knowledge of an invasion of his legal right, Miami Beach First National Bank v. Edgerly, 121 So.2d 417 (Fla. 1960)…
discussed Cited "see" Senfeld v. Bank of Nova Scotia Trust Co.
Fla. Dist. Ct. App. · 1984 · signal: see · confidence high
While it is true that "mere ignorance of the facts which constitute the cause of action will not postpone the operation of the statute of limitations," Franklin Insurance Co. v. Tharpe, 131 Fla. 213, 214 , 179 So. 406 , 407 (1938), it is equally true that where the plaintiff's ignorance is blameless, the cause of action will not arise until the plaintiff knows or is chargeable with knowledge of an invasion of his legal right, Miami Beach First National Bank v. Edgerly, 121 So.2d 417 (Fla. 1960) (action against bank for payment on a forged endorsement does not arise until maker receives, or by …
Retrieving the full opinion text from the archive…
Nelson Properties, Inc.,
v.
H. W. Denham
Supreme Court of Florida.
Feb 9, 1938.
179 So. 406
Clarence W. Nelson, for Appellant; Arthur S. Friedman, for Appellee.
Ellis, Whitfield, Terrell, Buford, Chapman, Brown.
Published
Per Curiam.

The appeal in this case is dismissed because it appears from the record in this case that no valid notice of appeal was filed and entered of record; the purported notice of appeal being not from any order or decree of the Court, but “to the Bill of Complaint as Amended." Nor does it appear that the purported notice of appeal was recorded as required by Section 4964 C. G. L. 1927.

Dismissed.

Ellis, C. J., and Whitfield, Terrell, Buford, and Chapman, J. J., concur. Brown, J., not participating.