Wilkerson v. Alachua County

675 So.2d 951 (1996)

Michael WILKERSON, et al., Appellants,

v.

ALACHUA COUNTY, Florida, et al., Appellees.

No. 95-607.

District Court of Appeal of Florida, First District.

March 19, 1996.

Rehearing Denied July 16, 1996.

Robert A. Rush, Gainesville, for Appellants.

Robert M. Ott, County Litigation Attorney, Gainesville, for Appellees.

Appellants are challenging an order granting appellee's motion to dismiss with prejudice, nunc pro tunc. Appellants argue that the appellee is estopped from asserting a statute of limitations defense. This estoppel argument, however, was never presented to the lower court.…