Appellate Court Says Statute of Limitations Dismissal Was Premature

MIAMI - A Florida appellate court has reversed a trial court's dismissal of construction defect claims against an architect who sought statute of limitations protection for what he maintained were allegations of patent, rather than latent, defects. Saltponds Condominium Association, Inc. v. McCoy, No. 3D07-1360 (Fla. Ct. App., 3rd Dist.).

Florida's 3rd District Court of Appeal ruled on Dec. 19 that the amended complaint filed by Saltponds Condominium Association Inc. does not conclusively establish that claims against architect Charles McCoy were time-barred.

Saltponds sued McCoy for damages for alleged latent defects in a building that was completed and turned over …