SQUARE D CO. v. STATE FARM FIRE & CAS. CO.

No. 91-2865.

610 So.2d 522 (1992)

SQUARE D COMPANY, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, for Use and Benefit of DADELAND MEDICAL BUILDING, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 1993.


Attorney(s) appearing for the Case

Greer, Homer & Bonner and Bruce W. Greer and Laura Besvinick and John Borgo, Miami, for appellant.

Ponzoli, Wassenberg & Sperkacz and Zorian Sperkacz, Miami, for appellees.

Before BARKDULL, NESBITT and LEVY, JJ.


PER CURIAM.

Contrary to the appellant's contention, the Statute of Repose cannot be equated with subject matter jurisdiction. Therefore, unlike the question of subject matter jurisdiction, the rights accruing to a manufacturer by virtue of the Statute of Repose can be waived if not raised in a timely manner.

In this case, the appellant did not raise the Statute of Repose before the trial court in a timely manner. Accordingly, the applicability of the Statute...

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