Statute of Limitations and Unjust Enrichment Claims in Florida
Have you hired a West Palm Beach lawyer to file an unjust enrichment claim for you? What is your unjust enrichment claim based on? Did you know that a four year statute of limitations applies to certain types of unjust enrichment claims? If you are pleading an unjust enrichment claim without referencing any written instrument, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.
Although Southern Specialties Inc. v. Farmhouse Tomatoes Inc. is not a probate opinion, probate and trust lawyers encounter unjust enrichment claims similar to the one in this case. Florida litigation lawyers know just how important it is to be aware of the many deadlines and statutes of limitations that apply to certain claims. Here, an unjust enrichment claim was barred because a four year statute of limitations applied. This four year statute of limitations applied because the plaintiff pled an unjust enrichment claim based upon monies loaned, without referencing any written instrument. Florida Statute 95.11(3)(k) places a four year statute of limitations for legal or equitable actions NOT founded on a written instrument. Remember, the clock is always ticking! To read the entire case, click here.