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ARRIETA-GIMENEZ v. ARRIETA-NEGRON

No. 73222.

551 So.2d 1184 (1989)

Carmen Felicita ARRIETA-GIMENEZ, et al., Plaintiffs, Appellants, v. Alberto ARRIETA-NEGRON, et al., Defendants, Appellees.

Supreme Court of Florida.

Rehearing Denied December 4, 1989.

Attorney(s) appearing for the Case

Blas C. Herrero, Jr. and Ivan Diaz de Aldrey, Hato Rey, P.R., for plaintiffs, appellants.

Earl D. Waldin, Jr. of Kelley Drye & Warren including Smathers & Thompson, Miami, and Stanley L. Feldstein and Edward A. Godoy of Feldstein, Gelpi, Hernandez & Gotay, Old San Juan, P.R., for defendants, appellees.

KOGAN, Justice.

The United States Court of Appeals in and for the First Circuit has certified two questions which it finds determinative of this cause and for which there is no controlling Florida precedent. We have jurisdiction. Art. V, § 3(b)(6), Fla. Const. The two questions are as follows:

1. Is Fla. Stat. § 95.031(2), the 12-year statute of repose, constitutional under the "access to courts" or any other provision of the Florida Constitution...

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