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SOUTHWEST FLA. RETIREMENT CTR., INC. v. FED. INS. CO.

No. 95-02153.

682 So.2d 1130 (1996)

The SOUTHWEST FLORIDA RETIREMENT CENTER, INC., d/b/a the Village on the Isle, Appellant, v. FEDERAL INSURANCE COMPANY, Appellee. McMERIT CONSTRUCTION COMPANY, n/k/a McCarthy Construction Company, Cross-Appellant, v. FIREMEN'S INSURANCE COMPANY OF NEWARK, Great American Insurance Companies, and Cotton States Mutual Insurance Company, Cross-Appellees.

District Court of Appeal of Florida, Second District.

October 9, 1996.

Attorney(s) appearing for the Case

David E. Gurley and Anthony S. Cabrera of Norton, Moran, Hammersley, Dunlap, Gurley & Lopez, P.A., Sarasota, for Appellant.

Thomas F. Munro, II, and John P. Cole of Foley & Lardner, West Palm Beach, for Appellee and Cross-Appellant McCarthy Construction.

J. Bert Grandoff and Wm. Cary Wright of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for Cross-Appellee Firemen's Insurance.

Daniel L. Moody of Daniel L. Moody, P.A., Lutz, for Cross-Appellee Great American Insurance.

Marlene S. Reiss and Phillip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Cross-Appellee Cotton States Mutual.

CAMPBELL, Judge.

This appeal arises from the trial court's ruling that an owner's claim against a surety on a payment and performance bond was barred by the five-year limitation period set forth in section 95.11(2)(b), Florida Statutes (1981). All parties agree that section 95.11(2)(b), pertaining to causes of action based on written contracts, is the applicable statute of limitations. The issue before this court is when the limitations period begins to run for a...

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