Mezroub v. Capella

702 So. 2d 562 (1997)

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Mezroub v. Capella

Florida District Court of Appeal
702 So. 2d 562 (1997)

  • Written by Liz Nakamura, JD

Facts

Mohamed Mezroub (plaintiff) and Javier Capella (defendant), both Florida residents, decided to drive together from Sarasota County, Florida, to Atlanta, Georgia, to attend a conference. Mezroub and Capella used Mezroub’s car for the journey and planned to drive back to Florida together after the conference. Mezroub and Capella were involved in an automobile accident near Atlanta; Capella was driving at the time of the accident. Mezroub suffered personal injuries in the accident that were primarily treated by Florida doctors. Just over two years after the accident, Mezroub filed a personal-injury action against Capella. Mezroub’s lawsuit was filed within Florida’s four-year statute of limitations for personal-injury claims but after the expiration of Georgia’s two-year statute of limitations. The trial court dismissed Mezroub’s claim as untimely, holding that (1) under Florida’s borrowing statute, courts hearing tort claims that arose in another state must apply that state’s statute of limitations; and (2) because Mezroub’s personal-injury claim accrued in Georgia, Georgia’s two-year statute of limitations controlled. Mezroub appealed, arguing that the significant-relationship test should be used to determine whether his claim arose in Florida or Georgia.

Rule of Law

Issue

Holding and Reasoning (Altenbernd, J.)

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