Opinion
No. 3D03-2036.
Opinion filed June 30, 2004.
An Appeal from the Circuit Court for Miami-Dade County, Jennifer Bailey, Judge, Lower Tribunal 97-2277.
Friedman Friedman, and John S. Seligman, for appellant.
Blaxberg, Grayson, Kukoff Segal, and I. Barry Blaxberg, and Ian J. Kukoff for appellee.
Before GERSTEN, GREEN, and SHEPHERD, JJ
We reverse the trial court's order denying the appellant's right to pursue a negligence claim against a court appointed receiver. Because the appellant filed this negligence complaint within the four year statute of limitations contained in Section 95.11(3), Florida Statutes (2004), the trial court's ruling to the contrary constitutes obvious error and requires reversal. See Hardy Equip. Co., Inc. v. Travis Cosby Assoc., Inc., 530 So.2d 521 (Fla. 1st DCA 1988); Pezzi v. Brown, 697 So.2d 883 (Fla. 4th DCA 1997).
Reversed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.