IRVING W. LANDERS, et ux., et al., Petitioners, v. ADELLE L. MILTON, Respondent, 370 So. 2d 368

Summary

Respondent filed a complaint against petitioners asserting a tort claim arising out of a motor vehicle accident. On the face of the complaint, the statute of limitations had run. Petitioners filed a motion for summary judgment on the statute of limitations issue, but attached no supporting affidavits. Respondent and her husband filed opposing affidavits, but failed to allege facts based upon their personal knowledge that would put into issue whether petitioners' conduct tolled the applicable statute of limitations. The trial court granted petitioners' motion. The appellate court reversed the trial court. The Florida Supreme Court affirmed the trial court's decision, holding that respondent under summary judgment law failed to establish, by evidence in opposition to petitioners' motion for summary judgment that there was a disputed question of fact whether the applicable statute of limitations, which on the face of respondent's pleadings had run, had been tolled by petitioners' conduct....