Battilla v. Allis Chalmers Manufacturing Co.
Fla.
Dante A. BATTILLA and Gail A. Battilla, his wife, Appellants, v. ALLIS CHALMERS MANUFACTURING COMPANY and Travelers Insurance Company, Appellees.
Judges
- SUNDBERG, C. J., and ADKINS, BOYD and ENGLAND, JJ., concur.
- McDONALD, J., dissents with an opinion, with which OVERTON and ALDERMAN, JJ., concur.
Attorneys
- Walter G. Campbell, Jr. of Krupnick & Campbell, and Nancy Little Hoffmann, Fort Lauderdale, for appellants.
- Steven R. Berger of Carey, Dwyer, Cole, Selwood & Bernard, Miami, for appellees.
majority
This cause is before the Court on appeal from a judgment of the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County. The judgment passed upon the validity of a state law. The notice of appeal was filed January 12, 1979. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. (1972).
The circuit court held that this product liability action was barred by the statute of limitations, section 95.031, Florida Statutes (1975). We reverse on the authority of Overland Construction Co. v. Sirmons, 369 So.2d 572 (Fla.1979), and hold that, as applied to this case, section 95.031 denies access to courts under article I,, section 21, Florida Constitution. See also Purk v. Federal Press Co., 387 So.2d 354 (Fla.1980); Bauld v. J. A. Jones Construction Co., 357 So.2d 401 (Fla.1978).
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD and ENGLAND, JJ., concur.
McDONALD, J., dissents with an opinion, with which OVERTON and ALDERMAN, JJ., concur.
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