02-1739 ALEXANDER V. SUNCOAST BUILDERS, INC.

State: Florida

Court: Florida Third District Court

Docket No: 02-1739 ALEXANDER V. SUNCOAST BUILDERS, INC.

Case Date: 12/26/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2002

ROBERT ALEXANDER and DIANNE ALEXANDER, Appellants,

** ** **

vs. ** SUNCOAST BUILDERS, INC., etc., et al., ** Appellees. **

CASE NO. 3D02-1739

LOWER TRIBUNAL NO. 01-23690

Opinion filed December 26, 2002. An Appeal from the Circuit Court for Miami-Dade County, Barbara S. Levenson, Judge. Martin J. Beguiristain and Randy J. Pope, for appellants. Elder, Kurzman & Vaccarella, Michael J. Kurzman and Anthony Accetta, for appellees.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

GODERICH, Judge. The plaintiffs, Robert and Dianne Alexander [homeowners], appeal from an order granting the defendants, Suncoast Builders, Inc. [Suncoast], John Michael Lynch, Jr., and Steve McManus',

motion to dismiss the amended complaint finding that the action was not filed within the applicable statute of limitations. reverse and remand for further proceedings. On October 25, 2001, the homeowners filed suit against Suncoast, a contractor; Lynch, the qualifying agent for We

Suncoast; and McManus, a subcontractor.

In December 2001, the

homeowners filed an amended complaint alleging breach of implied warranties and breach of construction codes against all

defendants; breach of assignment contract against Lynch and Suncoast; Lynch. The defendants moved to dismiss the homeowners' amended complaint arguing that the action was barred by the applicable statute of limitations.

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