Opinion

Horn v. State, Department of Transportation

  • 665 So. 2d 1122
  • 1996 A.M.C. 1057
  • 1996 Fla. App. LEXIS 40
  • 1996 WL 1729
Court
District Court of Appeal of Florida
Filed
Jan 4, 1996
Status
Published
Author
Booth
On the bench
Booth, Miner, Webster
Cited by
2 cases

interpreting Beard as holding that 768.28’s statute of limitations “was intended to apply to all actions permitted by the limited waiver of immunity, notwithstanding the fact that a different statute of limitations might apply had the action been brought against a private defendant”

How later courts described this case

  • interpreting Beard as holding that 768.28’s statute of limitations “was intended to apply to all actions permitted by the limited waiver of immunity, notwithstanding the fact that a different statute of limitations might apply had the action been brought against a private defendant”

Written by the judges who cited it.

The opinion

BOOTH, Judge,

dissenting.

I would affirm the trial court’s ruling that the federal statute of limitations applicable to maritime torts applies and bars the claim. The State’s four year statute cannot operate to enlarge the time allowed by the federal act.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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