LEXI CONDOMINIUM ASSOCIATION INC v. MOSS ASSOCIATES LLC (2023)

District Court of Appeal of Florida, Third District.

The LEXI CONDOMINIUM ASSOCIATION, INC., Appellant, v. MOSS & ASSOCIATES, LLC, et al., Appellees.

No. 3D22-0006

Decided: April 12, 2023

Before LOGUE, SCALES and BOKOR, JJ.

Crabtree & Auslander, and Charles M. Auslander and John G. Crabtree and Brian C. Tackenberg, for appellant. Tripp Scott P.A., and William C. Davell and Stephanie C. Mazzola and Jennifer H. Wahba (Fort Lauderdale), for appellees.

Affirmed. Almand Constr. Co. v. Evans, 547 So. 2d 626, 628 (Fla. 1989) (explaining that, as to the statute of limitations, the homeowners’ “knowledge of the settling of the house and resultant structural damage, which they concede they had as early as 1978, was sufficient to put them on notice that they had, or might have had, a cause of action”); Alexander v. Suncoast Builders, Inc., 837 So. 2d 1056, 1058 (Fla. 3d DCA 2002) (holding that the limitations period for latent defects begins to run “from the time the defect is discovered or should have been discovered with the exercise of due diligence” (quoting § 95.11(3)(c), Fla. Stat.)).

PER CURIAM.

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