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Inlet Marina of Palm Beach, Ltd. v. Sean Diversified, Inc., 4D17-1406, 2018 WL 636210 (Fla. 4th DCA Jan. 21, 2018)

The marina brought an action against an engineer regarding the design of a concrete runway slab between a boat barn and boat launch area because of cracking, spalling, and other deterioration that developed over time. The engineer filed a motion for summary judgment arguing the statute of limitations had run, which the trial court granted. The marina appealed, arguing that a genuine issue of material fact existed as to when the marina discovered or should have discovered the defect.

The Fourth DCA found that where there is a patent, or obvious defect, legal notice is inferred at the time of manifestation, but when a defect is latent, or not obvious, legal notice is not inferred. The Court concluded that a genuine issue of material fact existed as to whether the facts and circumstances were sufficient to put the marina on notice before the statute of limitations had run under Section 95.11(3)(c), Florida Statutes.

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