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Sutton v. Monroe County was dismissed
December 1, 2008, on Statute of Limitation Grounds, by Circuit Judge
Luis Garcia. Ms. Sutton appealed the final judgment to the Florida
Third District Court of Appeal (DCA). On December 31, 2008, the 3rd DCA
REVERSED Shands v City of Marathon and Collins, et al. v.
Monroe County & State of Florida, two appeals of earlier Audlin
dismissals on the same statute of limitation theory. The Shands
decision was final (mandate issued) on January 15, 2009. The December
31, 2008,
Collins decision was the subject of a certiorari petition to the
Florida Supreme Court -- that went nowhere.
In light of the Third DCA's Shands and Collins
decisions, we filed motions with the Third District Court of Appeal, on February 6, 2009,
asking them to remand
Beyer, McCole, and Sutton to the trial court.
This motion was denied, and the 3d DCA affirmed Judge Garcia's decision
on December 23, 2009.
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