Saturday, November 7, 2009

First District Reverses Summary Judgment Entered On Statute Of Limitation Grounds

In Mariner Club Ltd. v. Summitt Contractors, Inc. (1D09-1114), the First District reversed a summary judgement entered in favor of the defendants on statute of limitation grounds.  The court held:
When the statute of limitations ran depends on when the former owner knew or should have known of the alleged latent defect(s) of which the former owner complains. See § 95.11(3)(c), Fla. Stat. (2003). Our examination of the record persuades us there are several factual questions that should have precluded summary judgment. Accordingly, we are compelled to reverse the entry of summary judgment in favor of the contractor, and remand for further proceedings.
*Disclaimer: GrayRobinson, P.A. and Monterey Campbell, Trevor B. Arnold, Kristie Hatcher-Bolin, Joseph R. Fitos, and Jeffrey D. Keiner were involved in the above-referenced action.


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