CHARLEY TOPPINO & SONS v. SEAWATCH

No. 80872, 80873.

658 So.2d 922 (1994)

CHARLEY TOPPINO & SONS, Inc., etc., Petitioner, v. SEAWATCH AT MARATHON CONDOMINIUM ASSOCIATION, INC., etc., Respondent. EPIC METALS CORP., et al., Petitioners, v. SEAWATCH AT MARATHON CONDOMINIUM ASSOCIATION, INC., etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 14, 1995.


Attorney(s) appearing for the Case

Arthur J. England, Jr. and Charles M. Auslander of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, and Lynn E. Wagner and Richard A. Solomon of Cabaniss, Burke & Wagner, P.A., Orlando, on behalf of Charley Toppino and Sons, Inc.

Richard A. Sherman and Rosemary B. Wilder of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, on behalf of Turtle Kraals, Ltd.

Gail Leverett, Betsy E. Gallagher and David B. Pakula of Kubicki, Draper, Gallagher & McGrane, P.A., Miami, on behalf of Epic Metals Corp., for petitioners.

H. Hugh McConnell and Steven M. Siegfried of Siegfried, Kipnis, Rivera, Lerner & De La Torre, P.A., Coral Gables, for respondent.

Karl M. Scheuerman, Chief Atty., Dept. of Business and Professional Regulation, Tallahassee, amicus curiae for Div. of Florida Land Sales, Condominiums, and Mobile Homes.


SHAW, Justice.

We have for review a decision presenting the following certified question of great public importance:

Does section 718.124, Florida Statutes [(1987)], grant a condominium association an extended period of time in which it may assert a cause of action for damage to common elements in condominium buildings, beyond the time granted in section 718.203, Florida Statutes [(1987)], after unit owners have...

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