Legal Opinion · Dissent

Graney v. Caduceus Properties, LLC

District Court of Appeal of Florida

Decided June 21, 2012No. 1D11-2700Published

1DissentVan Nortwick, J.

With respect to the application of the statute of limitations, I would adopt the rationale of the Fifth District in Gatins v. Sebastian Inlet Tax District, 453 So.2d 871 (Fla. 5th DCA 1984), and affirm the ruling of the trial court. Accordingly, I respectfully dissent.

On July 24, 2006, Caduceus Properties, LLC, filed its action against Michael Lee Gordon, the project architect, asserting claims relating to an allegedly malfunctioning HVAC system. In December 2006, an amended complaint was filed against Gordon alleging numerous additional claims, including professional negligence; breach of…

2Cases cited3 opinions

  1. Gatins v. Sebastian Inlet Tax Dist.District Court of Appeal of Florida · 1984
  2. Suntrust Banks of Florida, Inc. v. Don Wood, Inc.District Court of Appeal of Florida · 1997
  3. Wambles v. Amrep Southeast, Inc.District Court of Appeal of Florida · 1990

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