# Brown v. Enterprise Leasing Co.

> District Court of Appeal of Florida · October 21, 1992 · 605 So. 2d 1343

URL: https://www.frixlaw.com/law-library/cases/7604123

## Case

- **Full name:** Elizabeth BROWN v. ENTERPRISE LEASING CO. and Bank One, Columbus, N.A.
- **Court:** District Court of Appeal of Florida
- **Decided:** October 21, 1992
- **Citations:** 605 So. 2d 1343; 1992 Fla. App. LEXIS 10966; 1992 WL 295429
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Letts, Polen, Warner
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7604123

## Opinion text

PER CURIAM.
Appellant brings this appeal from an order dismissing with prejudice her amended class action complaint. We affirm in part and reverse in part.
The trial court correctly determined that the statute of limitations set forth in the Federal Truth in Lending Act was applicable to Count I of appellant’s complaint. 15 U.S.C. 1667d(c) (West & Supp.1991). As the lease in question had expired more than one year prior to the initiation of this action, the court correctly dismissed Count I. As to Count II of appellant’s complaint, appellee concedes that the trial court’s dismissal of this count was in error. Therefore, we reverse the order dismissing appellant’s complaint, only as to Count II.
Ruling on appellant’s motion for appellate attorney’s fees is deferred pending the outcome of her case in the lower court. If appellant prevails in the lower court, she would be entitled to attorney’s fees for the instant appeal.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
LETTS, WARNER and POLEN, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7604123. Public record. Not legal advice.