Davis v. Monahan

832 So. 2d 708 (2002)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Davis v. Monahan

Florida Supreme Court
832 So. 2d 708 (2002)

Facts

Helen Monahan (defendant) suffered from senile dementia, and her niece, Elizabeth Davis (plaintiff), handled Monahan’s financial affairs. Between 1990 and 1992, Davis misappropriated nearly $600,000 of Monahan’s assets. Monahan did not discover the misappropriations until 1995, when Davis wrongfully and unsuccessfully attempted to transfer partial title to Monahan’s Florida condominium. In 1997, Monahan sued Davis on six counts related to the wrongful taking, including breach of fiduciary duty and unjust enrichment. Although a four-year statute of limitations applied to all of Monahan’s claims, Monahan argued that her claims were not time-barred because she did not discover the misappropriations until 1995. The trial court disagreed and dismissed Monahan’s case, holding that Monahan’s claims were time-barred because the misappropriations occurred more than four years before Monahan filed her complaint. Monahan appealed. The appellate court reversed, holding that the delayed-discovery doctrine delayed the accrual of Monahan’s claims, and the running of the statute of limitations, until Monahan discovered the misappropriations in 1995. Davis appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Quince, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership