MICHAEL GOLDBERG, APPELLANT,
v.
BEKINS MOVING & STORAGE COMPANY, A CORPORATION; BEKINS VAN LINES COMPANY, A CORPORATION; TRANSPORT INDEMNITY COMPANY, A CORPORATION; CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION; AND THE TRAVELERS INSURANCE COMPANY, A CORPORATION, APPELLEES
MILLS, Judge.
Goldberg appeals a summary judgment in favor of the consolidated City of Jacksonville and its insurer. We affirm.
Section 768.28(6), Florida Statutes (1981), establishes a three-year limitations period for written notice of claims against a municipality. Showell Industries v. Holmes County, 409 So. 2d 78 (Fla. 1st DCA 1982). Section 205 of the Soldiers and Sailors Civil Relief Act (50 U.S.C.App. § 525) tolls limitation periods until discharge from service. It is undisputed that the cause of action arose 11 August 1976. Goldberg was discharged 10 October 1977 and filed his written notice 5 November 1980.
There being no disputed issue of material fact, summary judgment was appropriate and is
AFFIRMED.
ROBERT P. SMITH, Jr., C.J., and McCORD, J., concur.
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Ellis v. Fla. Parole Comm'n, 911 So. 2d 831 (Fla. 1st DCA 2005)…d in the petition filed in the circuit court, in fact, no such argument was advanced in the circuit court. We are therefore precluded from now considering the argument for the first time. See, e.g., Morris v. Florida Parole and Probation Commission, 423 So. 2d 491 (Fla. 1st DCA 1982). For this reason, I respectfully dissent.…
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- Showell Indus., Inc. v. Holmes Cnty., 409 So. 2d 78 (Fla. 1st DCA 1982)