SQUARE D COMPANY, APPELLANT,
v.
STATE FARM FIRE AND CASUALTY COMPANY, FOR USE AND BENEFIT OF DADELAND MEDICAL BUILDING, INC., ET AL., APPELLEES
PER CURIAM.
Contrary to the appellant’s contention, the Statute of Repose cannot be equated with subject matter jurisdiction. Therefore, unlike the question of subject matter jurisdiction, the rights accruing to a manufacturer by virtue of the Statute of Repose can be waived if not raised in a timely manner. In this case, the appellant did not raise the Statute of Repose before the trial court in a timely manner. Accordingly, the applicability of the Statute of Repose to this case was not preserved for our review.
A review of the record fails to demonstrate any reversible error in connection with the other points raised by appellant.
Affirmed.
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Johnston v. Hudlett, 32 So. 3d 700 (Fla. 4th DCA 2010)…er pleaded below. Moreover, the defenses of the statute of limitations and statute of repose are being raised for the first time on appeal, and therefore were not preserved for appellate review. See, e.g., Square D Co. v. State Farm Fire & Cas. Co., 610 So. 2d 522 (Fla. 3d DCA 1992) (“In this case, the appellant did not raise the Statute of Repose before the trial court in a timely manner. Accordingly, the applicability of the Statute of Repose to this case was not preserved for our review.”). Appellants arg…
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State v. Butler, 719 So. 2d 344 (Fla. 4th DCA 1998)…(2)(b) allows incarceration as a condition of probation or community control, as here, in a community or county facility or in a probation or restitution center, but limits the term of such incarceration to np more than 364 days. In State v. Oates, 610 So. 2d 522 (Fla. 2d DCA 1992), the court held that a sentence functionally indistinguishable from the sentence in this case was improper and unauthorized by the statute under which it was imposed. There as here, the court imposed incarceration under the YOS as…
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State v. Cleveland Davis, 721 So. 2d 1243 (Fla. 4th DCA 1998)…der with one year and one day in the Florida State Prison to be followed by two years probation, to run concurrently with credit for time served. As a general rule, adjudication cannot be withheld if a defendant is incarcerated. See State v. Oates, 610 So. 2d 522 (Fla. 2d DCA 1992). However, adjudication can be withheld under the Youthful Offender Act if the incarceration is a condition of probation and the term of incarceration does not exceed 364 days. See id.; § 958.04(2)(c), Fla. Stat. (1997). [*1244] Th…
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