Valdes v. Western Knapp Engineering Co.

District Court of Appeal of Florida

Valdes v. Western Knapp Engineering Co.

382 So. 2d 1371, 1980 Fla. App. LEXIS 16477

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1980

DocketNos. 79-534, 79-535

StatusPublished

Cited by2 cases

This text of 382 So. 2d 1371 (Valdes v. Western Knapp Engineering 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.

Bluebook

Valdes v. Western Knapp Engineering Co., 382 So. 2d 1371, 1980 Fla. App. LEXIS 16477 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The plaintiffs appeal from a summary judgment holding that their claims, as against one of the defendants below, Western Knapp Engineering Company, were absolutely precluded by the running of the 12-year statute of limitation contained in Section 95.11(3)(c), Florida Statutes (1977). Subsequent to the entry of the order below, the supreme court held in Overland Construction Co. v. Sirmons, 369 So.2d 572 (Fla. 1979) that the statute could not constitutionally be applied to bar a cause of action which, like the one in this case, did not [1372]*1372accrue until after the statutory period had already elapsed. In the light of the Sir-mons case, the appellee, Western Knapp, has candidly and commendably confessed error. Pursuant thereto, the judgment under review is

Reversed.

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PER CURIAM.

The plaintiffs appeal from a summary judgment holding that their claims, as against one of the defendants below, Western Knapp Engineering Company, were absolutely precluded by the running of the 12-year statute of limitation contained in Section 95.11(3)(c), Florida Statutes (1977). Subsequent to the entry of the order below, the supreme court held in Overland Construction Co. v. Sirmons, 369 So.2d 572 (Fla. 1979) that the statute could not constitutionally be applied to bar a cause of action which, like the one in this case, did not [1372]*1372accrue until after the statutory period had already elapsed. In the light of the Sir-mons case, the appellee, Western Knapp, has candidly and commendably confessed error. Pursuant thereto, the judgment under review is

Reversed.

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Bluebook (online)

382 So. 2d 1371, 1980 Fla. App. LEXIS 16477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valdes-v-western-knapp-engineering-co-fladistctapp-1980.

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