THE LEXI CONDOMINIUM ASSOCIATION, INC. v. MOSS & ASSOCIATES, LLC

Third District Court of Appeal
State of Florida
Opinion filed April 12, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0006
Lower Tribunal No. 12-24986
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The Lexi Condominium Association, Inc.,
Appellant,
vs.
Moss & Associates, LLC, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Carlos
Lopez, Judge.
Crabtree & Auslander, and Charles M. Auslander and John G.
Crabtree and Brian C. Tackenberg, for appellant.
Tripp Scott P.A., and William C. Davell and Stephanie C. Mazzola and
Jennifer H. Wahba (Fort Lauderdale), for appellees.
Before LOGUE, SCALES and BOKOR, JJ.
PER CURIAM.
Affirmed. Almand Constr. Co. v. Evans, 547 So. 2d 626, 628 (Fla.
1989) (explaining that, as to the statute of limitations, the homeowners’
“knowledge of the settling of the house and resultant structural damage,
which they concede they had as early as 1978, was sufficient to put them on
notice that they had, or might have had, a cause of action”); Alexander v.
Suncoast Builders, Inc., 837 So. 2d 1056, 1058 (Fla. 3d DCA 2002) (holding
that the limitations period for latent defects begins to run “from the time the
defect is discovered or should have been discovered with the exercise of
due diligence” (quoting § 95.11(3)(c), Fla. Stat.)).
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