Preston v. Tolone

SHARP, W., Judge,

concurring specially.

Although I agree with the result in this case, the reversal should be premised not upon the ordinary basis for overturning a summary judgment; i.e., that there is a material issue of fact that needs to be settled after a hearing by the factfinder, but that the one year time limit set forth in section 63.182 is not applicable to bar this suit.

The trial judge granted summary judgment in this case, specifically relying on that section as a kind of statute of limitations, which prevented Preston’s challenge to this more than one-year-old adoption decree.1…