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<b>Decision of Note</b> Film Payments Don't Toll Lawsuit Limitations Period

By Stan Soocher
September 01, 2016

In its first ruling on the issue, the Court of Appeal of Florida decided that film distribution payments didn't fall under the state's “continuing tort” doctrine for purposes of extending the statute of limitations in a lawsuit alleging tortious interference with business relationship. Effs v. Sony Pictures Home Entertainment Inc., 3D15-1139.

Richard Effs and “Cess” Silvera created Access Pictures to produce the movie Shotttas . In 2005, Silvera gave Sony Pictures an exclusive distribution license for the film. Effs sued Sony in Miami-Dade County Circuit Court in 2012. The trial court determined that Effs' claim, that Sony had interfered with Epps' business relationship with Silvera, was barred under the four-year statute of limitations in Fla. Stat. '95.11(3)(o). The lower court found that Epps' claim accrued on Oct. 30, 2005 ' when Sony Pictures was obligated to make its first payment under the distribution license ' but nevertheless, under the “delayed discovery doctrine,” no later than when Effs learned of the claimed interference via his attorney.

In its affirmance, the court of appeal noted: “[A]dditional distribution payments were merely 'harmful effects from an original, completed act.'”

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