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Monthly Archives: January 2014

26JAN 2014

Florida’s Second District Court of Appeal recently issued an opinion changing the burden under Florida’s Statute of Repose for a party to demonstrate that a lawsuit based on the “design, planning, or construction of an improvement to real property” was barred for not being filed within the allotted period of time. § 95.11(3)(c), Fla. Stat. This decision will likely be favored by plaintiffs rather than defendants as it will arguably allow plaintiffs to proceed with a construction defect lawsuit upon demonstrating there is “the slightest doubt that a genuine issue of material fact might exist” as to whether the action is barred by Florida’s Statute of Repose. Clearwater Hous. Auth. v. Future Capital Holding Corp., et al., 38 Fla. L. Weekly D2323a (Fla. 2d DCA 2013). Continue reading