CHARLES DAVID HARRISON AND VICKY EULEEN HARRISON, HIS WIFE, APPELLANTS,
v.
HYSTER COMPANY, A NEVADA CORPORATION, APPELLEE
CHARLES DAVID HARRISON AND VICKY EULEEN HARRISON, HIS WIFE, APPELLANTS,
HYSTER COMPANY, A NEVADA CORPORATION, APPELLEE
502 So. 2d 100
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
CAMPBELL, Judge.
We are presented once again with the question of whether the legislature’s 1986 amendment repealing the twelve-year statute of repose that is contained in section 95.031(2), Florida Statutes (1985), should be applied retroactively to revive appellants’ products liability claim filed on December 3, 1985. This court ruled in Small v. Niagara Machine & Tool Works, 502 So. 2d 943 (Fla. 2d DCA 1987), that the amendment did not have retroactive application. On the authority of that opinion, we affirm the final summary judgment of the trial court in favor of appellee.
SCHEB, A.C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mullins v. State, 974 So. 2d 1135 (Fla. 3d DCA 2008)…on which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary jurisdiction); Harrison v. Hyster, Co., 502 So. 2d 100 (Fla. 2d DCA 1987) (holding that the court should not have chosen to accept jurisdiction to review the per curiam opinion as it was it was decided on the authority of another decision that was never reviewed by the court on the merits).…
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Smith v. Sturm, 510 So. 2d 343 (Fla. 2d DCA 1987)…., 503 So. 2d 365 (Fla. 3d DCA 1987); Dominguez v. Bucyrus-Erie Co., 503 So. 2d 364 (Fla. 3d DCA 1987); Lane v. Koehring Co., 503 So. 2d 364 (Fla. 3d DCA 1987); Brackenridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA 1987); Harrison v. Hyster Co., 502 So. 2d 100 (Fla. 2d DCA 1987). . See also Keyes; Manuel; Wilier; Desvergundt; Lazo; Wallis; Melendez; Dominguez; Lane; Brackenridge. . For certifications of those same two questions, see also Keyes; Manuel; Wilier; Desvergundt; Lazo; Wallis; Melendez; Doming…
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Williams v. Am. Laundry Mach. Indus., 509 So. 2d 1363 (Fla. 2d DCA 1987)…rly before us because it is raised for the first time on appeal, we note that this court has held that the amendment repealing the twelve-year statute of repose in section 95.-031(2) is not to be applied retroactively. Small; Harrison v. Hyster Co., 502 So. 2d 100 (Fla. 2d DCA 1987). We have also considered the plaintiffs argument that the defendant had a continuing “post-sale” duty to warn of or to remedy defects. We hold that because the statute of repose extinguished any products liability cause of action…
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- Small v. Niagara Mach. & Tool Works, 502 So. 2d 943 (Fla. 2d DCA 1987)