DeLUCA v. MATHEWS

No. 75-2140.

351 So.2d 1048 (1977)

Frank DeLUCA, Appellant, v. I.M. MATHEWS et al., Appellees.

District Court of Appeal of Florida, Fourth District.

On Rehearing May 13, 1977.


Attorney(s) appearing for the Case

Arthur J. Morburger of Weinstein & Bavly, P.A., Miami, for appellant.

Janis M. Halker of Gurney, Gurney & Handley, P.A., Orlando, for appellees, I.M. Mathews and Hartford Acc. and Indem. Co.

Bruce S. Bullock and Robert M. Sharp of Bullock, Sharp & Childs, P.A., Jacksonville, for appellees Boudet and Employers' Fire Ins. Co.

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellees Kennedy and St. Paul Fire & Marine Ins. Co.


PER CURIAM.

Upon review of the briefs and oral argument and after due consideration of the record on appeal we are of the opinion that a genuine issue of material fact exists with respect to the applicability of the statute of limitations, particularly, when notice was acquired so as to commence the running of the limitation period. Schetter v. Jordan, 294 So.2d 130 (Fla.4th DCA 1974); Nardone v. Reynolds, ...

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