CITY OF NORTH MIAMI BEACH, APPELLANT,
v.
EASTERN SHORES SALES COMPANY, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on January 25, 1977 (341 So. 2d 825) reversing the judgment of the circuit court of Dade County, Florida, in the above styled cause; and
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed June 1, 1978 (363 So. 2d 321) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings.
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued on February 10, 1977 is withdrawn, the judgment of this court filed January 25, 1977 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment of the trial court appealed from is reinstated and affirmed. Costs allowed shall be taxed in the trial court (Rule 3.16, Florida Appellate Rules).
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Homemakers, Inc. v. Gonzales, 400 So. 2d 965 (Fla. 1981)…een accepted and applied in Florida. See Garris v. Weller Construction Co., 132 So. 2d 553 (Fla.1960); Corbett v. General Engineering & Machinery Co., 160 Fla. 879, 37 So. 2d 161 (1948); Mazda Motors of America, Inc. v. S. C. Henderson & Sons, Inc., 364 So. 2d 107 (1st DCA 1978), cert. denied, 378 So. 2d 348 (Fla.1979); Neff v. General Development Corp., 354 So. 2d 1275 (Fla. 2d DCA 1978); Patterson v. Sodders, 167 So. 2d 789 (Fla. 2d DCA 1964); Martz v. Riskamm, 144 So. 2d 83 (Fla. 1st DCA 1962). In fact, no…
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Firestone Tire & Rubber Co. v. Acosta, 612 So. 2d 1361 (Fla. 1992)…ing statute.” (Emphasis added.) Inherent in this reasoning is a party’s right to have the statute of limitations period become vested once it has “completely run and barred [the] action.” Mazda Motors of America, Inc. v. S.C. Henderson & Sons, Inc., 364 So. 2d 107, 108 (Fla. 1st DCA 1978), cert. denied, 378 So. 2d 348 (Fla.1979). We find that the same principle applies to the repeal of a statute of repose and the rights of these defendants. We believe that the legislature fully understood this principle when…
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Olivene G. Glass v. Camara, 369 So. 2d 625 (Fla. 1st DCA 1979)…held that a legislative lengthening of the period of limitations inures to the benefit of a claimant whose pre-existing claim is not yet barred by the former, shorter limitation period. Mazda Motors of America, Inc. v. S. C. Henderson & Sons, Inc., 364 So. 2d 107 (Fla. 1st DCA 1978). There is good reason for extending the benefit of Mazda to medical malpractice claimants, who are deterred in su-mg within two years after accrual of the cause of action by 1975 legislation making medical mediation a condition…
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- E. Shores Sales Co. v. City OF N. Miami Beach, 363 So. 2d 321 (Fla. 1978)
- City OF N. Miami Beach v. E. Shores Sales Co., 341 So. 2d 825 (Fla. 3d DCA 1977)