558 / Statute of Repose
558.004(10) says a notice of claim tolls the statute of limitations but
doesn't mention the statute of repose. My understanding has always been
that the statute of repose is an absolute bar, so I wouldn't read 558 to
alter that. I'm not aware of any decisions on this. Has anyone ever had a
court rule on this issue? Thanks in advance!
Amanda Baggett
Board Certified Construction Attorney
Baggett LAW
9471 Baymeadows Road • Suite 105 • Jacksonville, Florida 32256
apb@baggettlaw.com • P: 904.396.1100 • F: 904.404.8346 • View Attorney Bio
http://baggettlaw.com/meet-amanda-baggett/
Based on the ruling that 718 tolling does not apply to repose I think that is the best approach for now.
Barry B. Ansbacher
Board Certified Real Estate Attorney
Board Certified Construction Lawyer
Barry.Ansbacher@ansbacher.net
http://www.ansbacher.net/
ANSBACHER LAW
REAL ESTATE ⋅ CONSTRUCTION ⋅ PERSONAL INJURY
CONDOMINIUMS ⋅ HOMEOWNER ASSOCIATIONS
WWW.ANSBACHER.NET
Jacksonville: 904.737.4600
Orange Park: 904.385.3444
St. Augustine: 904.429.4833
Palm Coast: 386.445.9789
Collections: 904.416.1511
Personal Injury: 904.737.4700
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Amanda Baggett
Sent: Thursday, April 28, 2016 5:40 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] 558 / Statute of Repose
558.004(10) says a notice of claim tolls the statute of limitations but doesn't mention the statute of repose. My understanding has always been that the statute of repose is an absolute bar, so I wouldn't read 558 to alter that. I'm not aware of any decisions on this. Has anyone ever had a court rule on this issue? Thanks in advance!
Amanda Baggett
Board Certified Construction Attorney
Baggett LAW
9471 Baymeadows Road • Suite 105 • Jacksonville, Florida 32256
apb@baggettlaw.com • P: 904.396.1100 • F: 904.404.8346 • View Attorney Biohttp://baggettlaw.com/meet-amanda-baggett/
This message (and any associated files) is intended only for the use of the intended recipient and may contain information that is confidential, and subject to privilege. If you are not the intended recipient note that any dissemination, copying or distribution of this message, or associated files is prohibited. Absent language to the contrary in the body of the message or attachment, this communication will not satisfy the requirements for a writing, and nothing contained herein shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. If this communication relates to a debt, please note that this is a communication from a debt collector attempting to collect a debt and that any information obtained will be used for that purpose.