RICHARD C. CUTHBERT AND LIBERTY MUTUAL INSURANCE COMPANY, PETITIONERS,

v.

MICHAEL JOHN MALTEMPO, AS ADMINISTRATOR OF THE ESTATE OF MICHAEL JOHN MALTEMPO, II, RESPONDENT

Citator

Cited By

• Foley v. George A. Morris, M.D., 339 So. 2d 215 (Fla. 1976)
  …Retired). We have for review the decision of the District Court of Appeal, Second District, in Foley v. Morris, 325 So. 2d 37 (Fla.2d DCA, 1976), which conflicts with Maltempo v. [*216] Cuthbert, 288 So. 2d 517 (Fla.2d DCA, 1974), certiorari denied 297 So. 2d 569 (Fla.1974), and DeLuca v. Mathews, 297 So. 2d 854 (Fla.4th DCA, 1974), thereby vesting jurisdiction in this Court. Article V, Section 3(b)(3), Florida Constitution. On September 17, 1974, petitioner filed his complaint against Dr. Morris and his in…
• Dade Cnty. v. Ferro, 384 So. 2d 1283 (Fla. 1980)
  …h a statute, but application of that date to a case such as this achieves the absurd result of extinguishing a cause of action at the very time the act first became effective. In Maltempo v. Cuthbert, 288 So. 2d 517 (Fla. 2d DCA 1974), cert. denied, 297 So. 2d 569 (Fla.1974), the district court expressly refused to countenance such a result by retroactively applying the shortened statute of limitations: If we were to answer the certified question affirmatively, we would be holding that the plaintiff’s cause…
• Meir v. Kirk, 561 So. 2d 399 (Fla. 2d DCA 1990)
  …the legislature’s intent to provide retroactive shortening of the limitations period is in doubt, the benefit of the doubt is to be given to the party with the existing cause of action. Maltempo v. Cuthbert, 288 So. 2d 517 (Fla. 2d DCA), cert. den., 297 So. 2d 569 (Fla.1974). This has been the result where other Florida courts have addressed similar situations and refused to find section 95.11 retroactive despite the existence of the section 95.022 savings clause. See, e.g., Stuyvesant Ins. Co. v. Square D Co…

Authorities Cited

• Maltempo v. Cuthbert, 288 So. 2d 517 (Fla. 2d DCA 1974)