BELLEVIEW VILLAS CONDOMINIUM ASSOCIATION INC v. HERITAGE PROPERTY CASUALTY INSURANCE COMPANY (2025)

District Court of Appeal of Florida, Third District.

BELLEVIEW VILLAS CONDOMINIUM I ASSOCIATION, INC., Appellant, v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.

No. 3D24-0542

Decided: April 30, 2025

Before FERNANDEZ, MILLER, and GOODEN, JJ.

Alvarez, Feltman, Da Silva & Costa, P.L., and Paul B. Feltman, for appellant. Greenberg Traurig, P.A., and Elliot H. Scherker, Brigid F. Cech Samole, Mark A. Salky, James E. Gillenwater and Bethany J. M. Pandher, for appellee.

Affirmed. See Denose v. Garcia, 388 So. 3d 857, 859 (Fla. 3d DCA 2023) (“While we are sympathetic that the statute of limitations has expired on Denose's claim against Garcia, the trial court has discretion to dismiss a case for a failure of service under Rule 1.070(j) even when the statute of limitations serves to bar an action.”); Powell v. Madison Cnty. Sheriff's Dep't, 100 So. 3d 753, 754 (Fla. 1st DCA 2012) (affirming dismissal for failure to effectuate service despite expiration of statute of limitations where trial court balanced the competing policy considerations between achieving a resolution on the merits and the preclusive effect of the statute of limitations).

PER CURIAM.

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