Mosher v. Anderson

817 So. 2d 812 (2002)

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Mosher v. Anderson

Florida Supreme Court
817 So. 2d 812 (2002)

  • Written by Liz Nakamura, JD

Facts

Stephen Anderson (defendant) was one of only two shareholders of Anderson Development Corporation (ADC). In 1988, ADC loaned Anderson money pursuant to oral loan agreement without set repayment terms, meaning that it was effectively a payable-on-demand loan. The oral loan was never reduced to writing, and ADC never demanded repayment. In 1995, Robert Mosher (plaintiff) obtained a money judgment against ADC. Because ADC did not have sufficient funds to satisfy the judgment, Mosher filed a writ of garnishment against Anderson based on the 1995 oral loan. Anderson challenged the writ, arguing that the four-year statute of limitations for bringing an action on the 1988 oral loan had already expired. The trial court granted summary judgment to Mosher, holding that the four-year statute of limitations had not started to run because ADC had never demanded repayment of the loan. Anderson appealed, and the appellate court reversed, holding that the statute of limitations started to run when the oral loan was made in 1988. Mosher appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Pariente, J.)

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