09-1114 MARINER CLUB, LTD. v. SUMMIT CONTRACTORS, INC., A FLORIDA CORPORATION, BERGERSON CONSTRUCTION CO., INC., A DISSOLVED FLORIDA CORPORATION, W. W. PLASTERING, INCORPORATED, A FLORIDA CORPORATION;

State: Florida

Court: Florida First District Court

Docket No: 09-1114

Case Date: 11/05/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MARINER CLUB, LTD., Appellant, v. SUMMIT CONTRACTORS, INC. , a Florida corporation, BERGERSON CONSTRUCTION CO., INC., a dissolved Florida corporation, W. W. PLASTERING, INCORPORATED, a Florida corporation; and FARRIS GYPSUM FLOORS OF FLORIDA, INC., a dissolved Florida corporation, Appellees. _____________________________/ Opinion filed November 5, 2009.

CASE NO. 1D09-1114

An appeal from the Circuit Court for Duval County. Charles O. Mitchell, Judge. Monterey Campbell, Trevor B. Arnold, Kristie Hatcher-Bolin, Joseph R. Fitos, and Jeffrey D. Keiner of Gray Robinson, P.A., Orlando, for Appellant. Howard M. Allen and Lilburn R. Railey, III of Railey & Harding, P.A., Orlando, for Appellees.

PER CURIAM. The former owner of an apartment complex alleged below that the contractor who built the complex breached various provisions of the construction contract, which created numerous, latent defects. limitations as a defense. The contractor set up the statute of

The trial court entered summary judgment for the

contractor, evidently accepting the contractor's claim that no factual questions remained regarding when the former owner knew or should have known of the alleged, latent defects. See Fla. R. Civ. P. 1.510(c). We reverse. 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

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