ROBERT C. GINDEL
v.
CENTEX HOMES
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# Legal Brief **Gindel v. Centex Homes**: A homeowner's provision of pre-suit notice of construction defects pursuant to Florida Statutes Chapter 558 constitutes commencement of an action for purposes of the ten-year statute of repose under § 95.11(3)(c), thereby tolling the repose period even though formal litigation was filed after the statutory deadline.
[1] Compliance with the notice requirement under section 558.004(1), Florida Statutes, does not commence a civil action or proceeding sufficient to toll the statute of repose…
[2] A question may be certified to the Florida Supreme Court as one of great public importance when reasonable people may differ on the interpretation of applicable Florida S…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ROBERT GINDEL, KEVIN HUMPHREY, XIOADAN SONG, WEIJING LI, PATRICIA JACOBS, CRAIG HANDWRECKER, JOHN WOODS, MICHELLE CHARBONNEAU, ANNIE BROUSSEAU, CLAUDE RACINE, ROLAND SKERGET, ANNE SMART, ANTHONY D’ACUNTO, GREGG LUTZ, ERIC NEMETH, JUDITH GRASSO, LORI BRYAN, BRIAN STREICHER, AND GRACE MACKEY,
Appellants,
v.
CENTEX HOMES, CENTEX REAL ESTATE CORPORATION, 2728 HOLDING CORPORATION, PULTE HOME CORPORATION, AND PULTE CORPORATION,
Appellees.
No. 4D17-2149
[ April 3, 2019 ]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit; Palm Beach County, Edward L. Artau, Judge; L.T. Case No. 50-2014-CA- 005369.
Scott C. Harris of Whitfield Bryson & Mason, LLP, Raleigh, NC, for appellants.
Luis E. Ordonez and Gabriel A. Alfonso of Quintairos, Prieto, Wood & Boyer, P.A., Miami, John H. Dannecker, Derrick M. Valkenburg, and Jennifer P. Sommerville of Shutts & Bowen, LLP, Orlando, and Jason B. Gonzalez of Shutts & Bowen, LLP, Tallahassee, for appellees.
On Motion for Certification PER CURIAM. Appellees request this Court to certify that its decision is in direct conflict with a decision of another district court of appeal, and/or that the decision passes upon a question of great public importance. Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we grant the motion for certification. Because reasonable people may differ on the
2
interpretation of applicable Florida Supreme Court precedent as it applies to the interpretation of sections 95.11(3)(c) and 558.004, Florida Statutes (2014), we certify the following question to the Florida Supreme Court as one of great public importance:
DOES COMPLIANCE WITH THE NOTICE REQUIREMENT UNDER SECTION 558.004(1), FLORIDA STATUTES (2014) CONSTITUTE THE COMMENCEMENT OF A CIVIL ACTION OR PROCEEDING SUFFICIENT TO TOLL THE STATUTE OF REPOSE SET FORTH IN SECTION 95.11(3)(C), FLORIDA STATUTES (2014)? FERNANDEZ and SCALES, Associate Judges, and SUAREZ, Senior Associate Judge, concur.
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Authorities Cited
- Raymond James Fin. Servs., Inc. v. Phillips, 126 So. 3d 186 (Fla. 2013)
- Musculoskeletal Inst. Chartered v. Parham, 745 So. 2d 946 (Fla. 1999)
- Busch v. Lennar Homes, LLC, 219 So. 3d 93 (Fla. 5th DCA 2017)
- Raymond James Fin. Servs., Inc. v. Phillips, 110 So. 3d 908 (Fla. 2d DCA 2011)