Dibble v. Jensen
Florida District Court of Appeal
129 So. 2d 162 (1961)
- Written by Liz Nakamura, JD
Facts
In 1954, Ruth Jensen (defendant) and Roy Dibble were involved in an automobile accident. At the time of the accident, Ruth was a resident of Florida and was married to Sid Jensen (defendant). However, as of 1957, Ruth divorced Sid and became a resident of New Jersey. In 1960, approximately six years after the accident, Dibble filed a civil complaint against the Jensens for damages caused by the accident. Ruth moved to dismiss, arguing that Dibble’s lawsuit was barred by the relevant four-year statute of limitations. The trial court dismissed Dibble’s action. Dibble appealed, arguing that dismissal was inappropriate because (1) Ruth’s absence from Florida tolled the statute of limitations; and (2) Ruth’s move to New Jersey meant that Dibble was unable to locate her to perfect service of process within four years of the accident. Sid was not subject to Dibble’s appeal.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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