Tampa Businessman's Suit Against MLB to Fl. Supreme Court

Tampa Businessman Claims MLB Broke Promises for New Franchise

Florida Supreme Court to hear case; issue of whether he sued on time

Tallahassee, Florida, October 4, 2000-- Eight years ago, in 1992, Frank Morsani filed suit in a Florida State court against Major League Baseball (MLB) and various other defendants, alleging tortious interference with contractual and business relationships regarding the acquisition of a baseball team for Tampa, Florida. On October 3, the case made its way to the Florida Supreme Court for oral arguments.

Morsani, who is a prominent Tampa businessman, apparently had invested 10 years and millions of dollars in the hopes of obtaining a baseball team for Tampa, Florida. Alas, after many years of jumping through hoops and being passed over for other cities, Morsani filed a $100 million dollar lawsuit alleging that the league broke its promise to him.

However, the merits of Morsani's suit have never really been decided as it has been the procedural posture of the case which has caused it to drag on. After Morsani filed suit, MLB moved for summary judgment claiming that the 4 year statute of limitations had run and Morsani was barred from filing suit. Morsani asserted an defense of "equitable estoppel" claiming that because MLB had induced him fraudulently to forbear the suit in the anticipation of obtaining a baseball team, that MLB could not use the statute of limitations argument as a defense to the charges.

Basically, Morsani does not dispute that he filed the complaint outside of the statute of limitations period. Instead, his lawyers contend that the defendants are prohibited from asserting limitations ban. MLB, on the other hand, contends that Florida case law eliminates the doctrine of equitable estoppel as a defense to the statute of limitations.

The trial court found in favor of MLB, and Morsani appealed to the 2nd District Court of Appeals, who, on March 1999, reversed and found that equitable estoppel was a viable defense to the statute of limitations. MLB appealed to the Florida Supreme Court.

According to the St. Petersburg Times, attorneys for the league tried Tuesday to convince the Florida Supreme Court to dismiss the suit because Morsani filed suit after the statute of limitations had run. Morsani's attorney, wants the court to uphold the ruling and allow a jury to hear the case.

Michele L. A. Rollins