Feingold v. American Rack & Stack, Inc.
Docket: No. 98-2348
Court: District Court of Appeal of Florida; May 12, 1999; Florida; State Appellate Court
Allen Feingold appeals the dismissal with prejudice of his complaint against American Rack and Stack, Inc. for property damage to his boat during storage. His claims included breach of contract, trespass, and conversion. The trial court dismissed the case based on the three-year admiralty statute of limitations under 46 U.S.C.App. 763(a), which applies to personal injury or death arising from maritime torts. The appellate court found this statute inapplicable since Feingold's claims pertain to property damage. Instead, the relevant statutes of limitations are five years for breach of contract and four years for trespass and conversion under Florida law. The appellate court reversed the trial court's decision and remanded for further proceedings, deeming it unnecessary to address other issues raised in the appeal. The judges concurred in the reversal.