OLEAN MEDICAL CONDOMINIUM ASS'N v. AZIMA

No. 2D13-370.

144 So.3d 561 (2014)

OLEAN MEDICAL CONDOMINIUM ASSOCIATION, INC., a Florida corporation, Appellant, v. Ali A. AZIMA, Trustee of that certain Living Trust Agreement dated April 17, 2006, Appellee.

District Court of Appeal of Florida, Second District.

June 20, 2014.


Attorney(s) appearing for the Case

Christopher D. Donovan of Roetzel & Andress, LPA, Naples, for Appellant.

David K. Oaks of David K. Oaks, P.A., Punta Gorda, for Appellee.


DAVIS, Chief Judge.

Dr. Ali A. Azima brought suit against Olean Medical Condominium Association. Olean filed a counterclaim against Dr. Azima. On appeal, Olean challenges the trial court's final judgment resolving these claims. Because the trial court erred by refusing to consider Olean's statute of limitations affirmative defense, we reverse the portion of the final judgment awarding damages to Dr. Azima.1 We also reverse the denial of...

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