Hardey v. Shell

MORRIS, Judge.

Leighton and Aileen Hardey appeal a final judgment entered against them on their complaint filed against their neighbors, Robert and Kay Shell. On appeal, the Hardeys argue that the trial court erred in entering summary judgment on their count for declaratory relief on the basis that it is barred by the statutes of limitations in sections 95.11 and 95.231, Florida Statutes (2009). We agree and reverse the summary judgment on the Hardeys’ count for declaratory relief. However, we find no merit to the other issues raised by the Hardeys on appeal or the Shells on cross-appeal.

I.…