TALBOT v. TALBOT, 378 So.2d 1307 (Fla.App. 4 Dist. 1980)

JOHN TALBOT, APPELLANT, v. GEORGE WILLIAM TALBOT, PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE W. TALBOT, JR., DECEASED, APPELLEE.

No. 78-2203.District Court of Appeal of Florida, Fourth District.
January 4, 1980. Rehearings Denied February 4, 1980.

Appeal from the Circuit Court, Palm Beach County, Paul T. Douglas, J.

Richard S. Thayer and Stanley Cheff of Richard S. Thayer, P.A., Boca Raton, for appellant.

Andrew F. O’Connell of O’Connell Cooper, P.A., West Palm Beach, for appellee.

PER CURIAM.

The trial court dismissed appellant’s action with prejudice on the grounds that the three year statutory limitation period in effect at the time the cause of action accrued had expired. Shortly after the cause of action accrued and well before the three year period expired, the limitation period was increased by the legislature to four years. We believe the appellant was entitled to file his action within the enlarged four year period Mazda Motors of America, Inc. v. S.C. Henderson Sons, Inc., 364 So.2d 107 (Fla. 1st DCA 1978).

Accordingly, the order of dismissal is hereby reversed with directions for further proceedings in accordance herewith.

ANSTEAD, LETTS and HERSEY, JJ., concur.

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