Statute of Limitations

A statute of limitations is a procedural statute that prevents the enforcement of a cause of action that has accrued. See WRH Mortgage, Inc. v. Butler, Case::684 So.2d 325, 327 (Fla. 5th DCA 1996). It does not determine the underlying merits of the claim but merely cuts off the right to file suit on that claim. Allie v. Ionata, 503 So.2d 1237, 1240-41 (Fla.1987). Houck Corp. v. New River, Ltd., Case::900 So.2d 601 (Fla. 2d DCA 2005). The statute of limitations should be raised as an Affirmative Defense.

Fla. Stat. Chapter 95 sets forth Florida's general Statutes of Limitations.

Installment Contracts
It is well established that in the case of debts payable by installments, the statute of limitations runs against each installment from the day it becomes due. Isaacs v. Deutsch, Case::80 So.2d 657 (Fla.1955). ''Bishop v. State, Div. of Ret.'', Case::413 So.2d 776, 778 (Fla. 1st DCA 1982).

Limitations on Legislative Authority to Modify Statute of Limitations
Once the defense of the statute of limitations has accrued, it is protected as a property interest just as the plaintiff‘s right to commence an action is a valid and protected property interest. Wiley v. Roof, 641 So. 2d 66, 68 (Fla. 1994) (emphasis supplied) (citing Starnes v. Cayouette, 419 S.E. 2d 669 (Va. 1992)); see also R.A.M. of South Fla., Inc. v. WCI Communities, Inc., 869 So. 2d 1210, 1220 (Fla. 2d DCA 2004) ("[O]nce a cause of action has accrued, the right to pursue that cause of action is generally considered a vested right."), review denied, 895 So. 2d 406 (Fla. 2005).