Florida District Courts of Appeal, 1977

Deluca v. Mathews

Deluca v. Mathews
Florida District Courts of Appeal · Decided February 25, 1977 · Alderman, Herbert, Mager, Stettin
351 So. 2d 1048 (Southern Reporter, Second Series)

Deluca v. Mathews

Opinion of the Court

PER CURIAM.

Upon review of the briefs and oral argument and after due consideration of the record on appeal we are of the opinion that a genuine issue of material fact exists with respect to the applicability of the statute of limitations, particularly, when notice was acquired so as to commence the running of the limitation period. Schetter v. Jordan, 294 So.2d 130 (Fla. 4th DCA 1974); Nardone v. Reynolds, 333 So.2d 25 (Fla. 1976); Salvaggio v. Austin, 336 So.2d 1282 (Fla. 2d DCA 1976). Accordingly, the summary judgment is reversed and the cause remanded to the trial court for further proceedings.

REVERSED AND REMANDED.

MAGER, C. J., ALDERMAN, J., and STETTIN, HERBERT, Associate Judge, concur.

070rehearing

ON PETITION FOR REHEARING

PER CURIAM.

On petition for rehearing, we conclude, in reference to Appellees-I. M. Mathews and Hartford Accident and Indemnity Company, that no genuine issue of material fact exists with respect to the applicability of the statute of limitation and that the trial court correctly granted summary judgment in their favor. Therefore, our prior opinion is modified and we affirm the summary judgment in favor of Mathews and Hartford. As to all other parties the summary judgment is reversed and the cause remanded to the trial court for further proceedings.

MAGER, C. J., ALDERMAN, J., and STETTIN, HERBERT, Associate Judge, concur.

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