Summary
holding that the court should not have chosen to accept jurisdiction to review the per curiam opinion as it was it was decided on the authority of another decision that was never reviewed by the court on the merits
Summary of this case from Mullins v. StateOpinion
No. 86-1677.
February 13, 1987.
Appeal from the Circuit Court for Polk County; Richard A. Bronson, Judge.
Philip O. Allen and James A. Yancey of DeVane, Munson, Allen Langston, Lakeland, for appellants.
Philip D. Parrish of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, for appellee.
We are presented once again with the question of whether the legislature's 1986 amendment repealing the twelve-year statute of repose that is contained in section 95.031(2), Florida Statutes (1985), should be applied retroactively to revive appellants' products liability claim filed on December 3, 1985. This court ruled in Small v. Niagara Machine Tool Works, 502 So.2d 943 (Fla. 2d DCA 1987), that the amendment did not have retroactive application. On the authority of that opinion, we affirm the final summary judgment of the trial court in favor of appellee.
SCHEB, A.C.J., and HALL, J., concur.