FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-430
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JOHN PATRICK TEEHAN,
Appellant,
v.
FLORIDA EAST COAST RAILWAY,
L.L.C., a Florida corporation,
Appellee.
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On appeal from the Circuit Court for Duval County.
Kevin Blazs, Judge.
December 18, 2018
PER CURIAM.
John Teehan appeals a final summary judgment dismissing
his Federal Employers’ Liability Act action, see
45 U.S.C. § 51, in
favor of Florida East Coast Railway, L.L.C. The trial court found
that the statute of limitations barred Teehan’s claim because he
knew or should have known that he was injured more than three
years before he filed suit. See
45 U.S.C. § 56. We find a factual
dispute as to when Teehan should have discovered his injury that
precludes summary judgment on this issue. See, e.g., Granfield v.
CSX Transp., Inc.,
597 F.3d 474, 482-83 (1st Cir. 2010); see also
Volusia Cty. v. Aberdeen at Ormond Beach, L.P.,
760 So. 2d 126,
130 (Fla. 2000) (“Summary judgment is proper if there is no
genuine issue of material fact and if the moving party is entitled
to a judgment as a matter of law.”). Because summary judgment
may not be entered based on the statute of limitations, all
evidentiary rulings premised on this issue are rendered moot.
REVERSED.
LEWIS, WETHERELL, and WINOKUR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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James R. Holland II of Harrell & Harrell, P.A., Jacksonville, and
Jessie L. Harrell of The Harrell Firm, Jacksonville, for Appellant.
Thomas E. Bishop and Helen P. Roberson of Tanner Bishop,
Jacksonville, and James F. Moseley, Jr., and Joni A. Poitier of
Moseley, Prichard, Parrish, Knight & Jones, P.A., Jacksonville,
for Appellee.
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