Fla. Appellate Court Says Leaky Roof May Not Have Started Limitations Period

TAMPA, Fla. - Awareness of a leaky roof does not necessarily start the limitations period when a plaintiff has alleged other latent defects that could have contributed to water intrusion, a Florida appellate court ruled Aug. 13. Wishnatzki v. Coffman Construction Inc., No. 2D03-4127 (Fla. App. Ct., 2nd Dist.).

Florida's Second District Court of Appeal reversed a decision by the Hillsborough County Circuit Court to dismiss with prejudice the complaint by Gary Wishnatzki against Coffman Construction Inc. The Second District said Coffman Construction should be required to raise the limitations issue as an affirmative defense, allowing the parties an opportunity …