HARRY LANE AND ROSA LANE, HIS WIFE, APPELLANTS,
v.
KOEHRING COMPANY, APPELLEE
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PER CURIAM.
Affirmed on the authority of Shaw v. General Motors Corp., 503 So. 2d 362 (Fla. 3d DCA 1987). As in Shaw, we certify to the Supreme Court of Florida the following questions as being of great public importance:
I. Should the legislative amendment of Section 95.031(2), Florida Statutes (1983), abolishing the statute of repose in product liability actions, be construed to operate retrospectively as to a cause of action which accrued before the effective date of the amendment?
II. If not, should the decision of Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla.1985), appeal dismissed, — U.S. -, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986), which overruled Battilla v. Allis Chalmers Mfg. Co., 392 So. 2d 874 (Fla.1980), apply so as to bar a cause of action that accrued after the Battilla decision but before the Pullum decision?
Affirmed.
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Curtiss-Wright Corp. v. Diaz, 507 So. 2d 1197 (Fla. 3d DCA 1987)…by the statute of repose. See Shaw v. General Motors Corp., 503 So. 2d 362 (Fla. 3d DCA 1987). See also Clausell v. Hobart Corp., 506 So. 2d 1160, (Fla. 3d DCA 1987); Wallis v. Grumman Corp., 503 So. 2d 366 (Fla. 3d DCA 1987); Lane v. Koehring Co., 503 So. 2d 364 (Fla. 3d DCA 1987); Bracken-ridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA 1987). Second, the provision of Rule 1.540(b)(5) under which the trial court granted relief from judgment is the same as its federal counterpart, Fed.R.Civ.P. 60(b)(5), a…
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Clausell v. Hobart Corp., 506 So. 2d 1160 (Fla. 3d DCA 1987)…FERGUSON, Judge (specially concurring). Affirmance is required by Shaw; however, in my view, as was stated in a concurring opinion in Dominguez v. Bucyrus-Erie Co., 503 So. 2d 364 (Fla. 3d DCA 1987), our first duty in construing a statute is to reconcile it with constitutional mandates. See Biggs v. Smith, 134 Fla. 569, 184 So. 106 (1938). That duty requires us to give the statute retroactive application so as to open the cou…
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Nat'l Ins. Underwriters v. Cessna Aircraft Corp., 522 So. 2d 53 (Fla. 5th DCA 1988)…llis v. Grumman Corp., 503 So. 2d 366 (Fla. 3d DCA), approved, 515 So. 2d 1276 (Fla.1987); Melendez v. Dreis and Krump Manufacturing Company, 503 So. 2d 365 (Fla. 3d DCA), affirmed, 515 So. 2d 735 (Fla.1987); Dominguez v. Bucyrus-Erie Company, Inc., 503 So. 2d 364 (Fla. 3d DCA 1987); Lane v. Koehring Company, 503 So. 2d 364 (Fla. 3d DCA 1987); Brackenridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA), approved 517 So. 2d 667 (Fla.1987); Shaw v. General Motors Corporation, 503 So. 2d 362 (Fla. 3d DCA 1987).…1 / 2
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- Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla. 1985)
- Dante A. Battilla and Gail A. Battilla v. Allis Chalmers Mfg. Co. & Travelers Ins. Co., 392 So. 2d 874 (Fla. 1980)
- Shaw v. Gen. Motors Corp. & Federated Dep't Stores, Inc., 503 So. 2d 362 (Fla. 3d DCA 1987)