Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Companion Property and Casualty Group v. Built Tops Building Services, Inc.

Florida Court of Appeals, Third District

May 10, 2017

Companion Property and Casualty Group, Appellant,
v.
Built Tops Building Services, Inc., Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County, Rosa I. Rodriguez, Judge. Lower Tribunal No. 16-3100

          Wadsworth Law, LLLP, Orlando J. Romero and Christopher W. Wadsworth, for appellant.

          Ludovici & Ludovici, P.A. and Susan M. Ludovici, for appellee.

          Before SALTER, EMAS and FERNANDEZ, JJ.

          FERNANDEZ, J.

         Companion Property & Casualty Group appeals the trial court's final order dismissing with prejudice Companion's Amended Complaint due to the expiration of the statute of limitations in section 95.11(3)(c), Fla Stat. (2012). We reverse because the trial court erred in finding that Companion's action was time-barred and thus erred in dismissing it.

         On February 8, 2016, Companion filed its subrogation action with the trial court. In its initial complaint, Companion, as the insurer for the property allegedly damaged by the appellee/Built Tops Building Services, Inc., asserted its subrogation claim against Built Tops. Companion pled in Paragraph 5 of its complaint that Built Tops performed the negligent repairs on the insured/subrogor's roof on or about November 21, 2006. In paragraph 6 of its complaint, Companion pled that as the result of Built Tops' faulty repairs, the insured condominium building was damaged by water that permeated through the insured's roof on February 9, 2012. Companion paid its insured $31, 937.87 in proceeds under its insurance policy. On February 8, 2016, Companion filed its complaint against Built Tops.

         On June 24, 2016, Companion filed an amended complaint with the trial court, as Built Tops did not file a responsive pleading to the initial complaint. In its amended complaint asserting its subrogation rights, Companion again contended that Built Tops performed the negligent repairs on the insured roof on or about November 21, 2006 and further pled, as a result of the faulty repairs, that the insured condominium building suffered a water loss on February 9, 2012[1].

         On July 8, 2016, Built Tops moved to dismiss the amended complaint. Built Tops asserted that the applicable four-year statute of limitations had run on the filing of Companion's complaint four years after the date of the negligent repairs performed by Built Tops and not four years after the date of the injury, which was the water loss, that triggered Companion's obligation to issue payment to its insured. Built Tops argued that Companion's claim was time-barred and should be dismissed with prejudice.

         On August 1, 2016, the parties appeared before the trial court on Built Tops' motion to dismiss. At the hearing, Companion contended that the matter was a subrogation action for which the statute of limitations began to run on the date that the "injury" occurred. Companion asserted that the subject injury was sustained by the insured (and by way of subrogation, Companion) on the date of the water loss, which was February 9, 2012. Therefore, the initial complaint filed by Companion on February 8, 2016, was timely filed. Built Tops argued, in response, that the statute of limitations instead began to run on the exact date of the negligent repairs as pled by Companion - November 21, 2006 - although the pleadings were devoid of any allegations that Companion or its insured had any knowledge of the defect in the subject roof at that time. The trial court granted Built Tops' motion to dismiss on the basis that the applicable statute of limitations had run for the filing of Companion's complaint.

         Companion moved for rehearing/reconsideration. The trial court denied Companion's motion and dismissed Companion's complaint.

         On appeal, Companion contends that the trial court erred in deciding that its negligence action was time-barred because the statute of limitations had run. Companion asserts that according to section 95.11(3)(c), Fla. Stat. (2012), the statute of limitations began to run on February 9, 2012, the date the water damage occurred, rather than on November 21, 2006, the date when Built Tops performed the negligent repairs.

         We review the trial court's order granting the motion to dismiss de novo. Grove Isle Ass'n, Inc. v. Grove Isle Assoc., LLP, 137 So.3d 1081, 1089 (Fla. 3d DCA 2014). We agree with Companion that the trial court improperly dismissed Companion's subrogation action stemming from a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.