Webb v. Chambly

FARMER, Judge.

Plaintiffs in a personal injury action appeal a summary judgment holding that their claims are barred by the statutes of limitations. Their insurance carrier became insolvent and plaintiffs initially filed their action within one year after the deadline for filing claims with FIGA, as required by sections 95.11(5)(d) and 631.68, Florida Statutes. The deadline was Janu*217ary 16, 1988, and plaintiffs originally filed on October 23, 1987.

As it happens, however, they voluntarily dismissed that action on April 5, 1989. They then refiled the same action more than nine months later on…