MERCADO V. BRUCE FITELL P.A.

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D., 2004 ARLETY MERCADO, ** Appellant, ** vs. ** CASE NO. 3D03-2036 BRUCE FITELL, P.A. and TATE MANAGEMENT, INC. ** LOWER TRIBUNAL 97-2277 ** Appellees. Opinion filed June 30, 2004. An Appeal from the Circuit Court for Miami-Dade County, Jennifer Bailey, Judge. 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 PER CURIAM. 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. 2

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