Narrative Opinion Summary
Goldberg's appeal against the summary judgment favoring the City of Jacksonville and its insurer is affirmed. According to Section 768.28(6), Florida Statutes (1981), a three-year limitation period applies for written notice of claims against a municipality. The court cited the precedent set in Showell Industries v. Holmes County, 409 So.2d 78 (Fla. 1st DCA 1982). The Soldiers and Sailors Civil Relief Act (50 U.S.C.App. 525) tolls limitation periods until service members are discharged. The cause of action arose on August 11, 1976, and Goldberg was discharged on October 10, 1977, but he did not file his written notice until November 5, 1980. Given the absence of any disputed material facts, the summary judgment was deemed appropriate and is upheld. Judges Robert P. Smith, Jr. and McCORD concurred with the decision.
Legal Issues Addressed
Statute of Limitations for Written Notice Against Municipalitysubscribe to see similar legal issues
Application: The legal requirement for a claimant to provide written notice of claims against a municipality within a three-year limitation period was upheld in this case.
Reasoning: According to Section 768.28(6), Florida Statutes (1981), a three-year limitation period applies for written notice of claims against a municipality.
Summary Judgment Appropriatenesssubscribe to see similar legal issues
Application: The court found no disputed material facts and therefore deemed summary judgment appropriate in favor of the City of Jacksonville.
Reasoning: Given the absence of any disputed material facts, the summary judgment was deemed appropriate and is upheld.
Tolling of Limitation Periods under Soldiers and Sailors Civil Relief Actsubscribe to see similar legal issues
Application: The limitation period was tolled during Goldberg's military service, but he still failed to meet the deadline for filing notice after discharge.
Reasoning: The Soldiers and Sailors Civil Relief Act (50 U.S.C.App. 525) tolls limitation periods until service members are discharged.