[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
FEB 02, 2010
No. 09-11615 JOHN LEY
_______________________ ACTING CLERK
D. C. Docket No. 07-02197-CV-T-30-EAJ
ERIC EHMANN,
Plaintiff-Appellee,
versus
CONTINENTAL CASUALTY COMPANY,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(February 2, 2010)
Before BARKETT, PRYOR and FAY, Circuit Judges.
PER CURIAM:
Continental Casualty Company appeals from an adverse summary judgment
granting Eric Ehmann’s claim for long-term disability benefits under an employee
welfare benefit plan sponsored by Ehmann’s employer, Georgia Pacific Corp., and
administered by Continental. Because we find the suit is time-barred, we reverse
and render a judgment in favor of Continental.
The benefit plan provides in relevant part as follows:
Legal Actions
No legal action of any kind may be filed against Us:
1. within the 60 days after proof of Disability has been given; or
2. more than 3 years after proof of Disability must be filed, unless the
law in the state where You live allows a longer period of time.
Even if we agree with Ehmann that Florida’s five-year statute of limitations
period for written contracts is the appropriate time period in which he had to file
his federal suit, the suit is untimely. Under Florida law, the time from which the
statute of limitations begins to run is the date “when the last element constituting
the cause of action occurs.” Fla. Stat. § 95.031(1). Continental argues, and we
agree, that this event occurred on August 13, 2002 when it notified Ehmann in
writing of the denial of his administrative appeal explaining that, “You have
exhausted all administrative remedies offered by the appeals process. This
decision is final and binding.” Because Ehmann did not file the instant suit in
federal court until December 3, 2007, more than five years after the start of the
limitations period, his suit is untimely.
REVERSED AND RENDERED.
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