HARDEY v. SHELL

No. 2D12-3925.

144 So.3d 668 (2014)

Leighton N. HARDEY and Aileen M. Hardey, Appellants/Cross-Appellees, v. Robert SHELL and Kay Shell, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

August 13, 2014.


Attorney(s) appearing for the Case

Eilsa S. Worthington of Elisa S. Worthington, P.A., Pineland, for Appellants/Cross-Appellees.

John R. Hamilton of Foley & Lardner LLP, Orlando, for Appellees/Cross-Appellants.


MORRIS, Judge.

Leighton and Aileen Hardey appeal a final judgment entered against them on their complaint filed against their neighbors, Robert and Kay Shell. On appeal, the Hardeys argue that the trial court erred in entering summary judgment on their count for declaratory relief on the basis that it is barred by the statutes of limitations in sections 95.11 and 95.231, Florida Statutes (2009). We agree and reverse the summary judgment on the Hardeys' count for declaratory...

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