Goldberg v. Bekins Moving & Storage Co.

District Court of Appeal of Florida

Goldberg v. Bekins Moving & Storage Co.

423 So. 2d 491, 1982 Fla. App. LEXIS 21784

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1982

DocketNo. AL-98

StatusPublished

Cited by3 cases

This text of 423 So. 2d 491 (Goldberg v. Bekins Moving & Storage Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Goldberg v. Bekins Moving & Storage Co., 423 So. 2d 491, 1982 Fla. App. LEXIS 21784 (Fla. Ct. App. 1982).

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Opinion

MILLS, Judge.

Goldberg appeals a summary judgment in favor of the consolidated City of Jacksonville and its insurer. We affirm.

Section 768.28(6), Florida Statutes (1981), establishes a three-year limitations period for written notice of claims against a municipality. Showell Industries v. Holmes County, 409 So.2d 78 (Fla. 1st DCA 1982). Section 205 of the Soldiers and Sailors Civil Relief Act (50 U.S.C.App. § 525) tolls limitation periods until discharge from service. It is undisputed that the cause of action arose 11 August 1976. Goldberg was discharged 10 October 1977 and filed his written notice 5 November 1980.

There being no disputed issue of material fact, summary judgment was appropriate and is

AFFIRMED.

ROBERT P. SMITH, Jr., C.J., and McCORD, J., concur.

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