West Headnote of the Day – June 21, 2010

June 21, 2010

West's Key 241 Limitation of Actions
West's Key 241II Computation of Period of Limitation
West's Key 241II(F) Ignorance, Mistake, Trust, Fraud, and Concealment or Discovery of Cause of Action
West's Key 241k98 Fraud as Ground for Relief
West's Key 241k100 Discovery of Fraud
West's Key 241k100(13) k. Constructive Notice of Fraud.

241 Limitation of ActionsIn determining when a plaintiff should be charged with knowledge of facts which would have been discovered in the exercise of due diligence for purpose of determining accrual of cause of action for fraud within statute of limitations, while law does not endorse a hear no evil, see no evil approach, it does not require that an aggrieved party have proceeded from the outset as if he were dealing with thieves.
Hudak v. Econ. Research Analysts, Inc., 499 F.2d 996 (5th Cir. 1974)

Suggested by Daniel S. Stringer, Esq.; Fifth Judicial Circuit of Florida; Ocala, FL