Gindel v. Centex Homes

District Court of Appeal of Florida

Gindel v. Centex Homes

272 So. 3d 417

Procedural entryThis page is a short order in Gindel v. Centex Homes. Read the opinion of the Court — 267 So. 3d 403 →

District Court of Appeal of Florida·Decided April 3, 2019·No. No. 4D17-2149·Published

Opinion

Per Curiam.

Appellees request this Court to certify that its decision is in direct conflict with a decision of another district court of appeal, and/or that the decision passes upon a question of great public importance. Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we grant the motion for certification. Because reasonable people may differ on the interpretation of applicable Florida Supreme Court precedent as it applies to the interpretation of sections 95.11(3)(c) and 558.004, Florida Statutes (2014), we certify the following question to the Florida Supreme Court as one of great public importance:

DOES COMPLIANCE WITH THE NOTICE REQUIREMENT UNDER SECTION 558.004(1), FLORIDA STATUTES (2014) CONSTITUTE THE COMMENCEMENT OF A CIVIL ACTION OR PROCEEDING SUFFICIENT TO TOLL THE STATUTE OF REPOSE SET FORTH IN SECTION 95.11(3)(C), FLORIDA STATUTES (2014)?

Fernandez and Scales, Associate Judges, and Suarez, Senior Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Appellees request this Court to certify that its decision is in direct conflict with a decision of another district court of appeal, and/or that the decision passes upon a question of great public importance. Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we grant the motion for certification. Because reasonable people may differ on the interpretation of applicable Florida Supreme Court precedent as it applies to the interpretation of sections 95.11(3)(c) and 558.004, Florida Statutes (2014), we certify the following question to the Florida Supreme Court as one of great public importance:

DOES COMPLIANCE WITH THE NOTICE REQUIREMENT UNDER SECTION 558.004(1), FLORIDA STATUTES (2014) CONSTITUTE THE COMMENCEMENT OF A CIVIL ACTION OR PROCEEDING SUFFICIENT TO TOLL THE STATUTE OF REPOSE SET FORTH IN SECTION 95.11(3)(C), FLORIDA STATUTES (2014)?

Fernandez and Scales, Associate Judges, and Suarez, Senior Associate Judge, concur.

Gindel v. Centex Homes, 272 So. 3d 417 (Fla. Ct. App. 2019).

Pincite

272 So. 3d 417 (Gindel v. Centex Homes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.