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Robert GINDEL, Kevin Humphrey, Xioadan Song, Weijing Li, Patricia Jacobs, Craig Handwerker, John Woods, Michelle Charbonneau, Annie Brousseau, Claude Racine, Roland Skerget, Anne Smart, Anthony Dacunto, Gregg Lutz, Eric Nemeth, Judith Grasso, Lori Bryan, Brian Streicher, and Grace Mackey, Appellants, v. CENTEX HOMES, Centex Real Estate Corporation, 2728 Holding Corporation, Pulte Home Corporation, and Pulte Corporation, Appellees.

District Court of Appeal of Florida, Fourth District2019-04-03No. No. 4D17-2149
272 So. 3d 417

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Opinion

majority opinion

Per Curiam.

Appellees request this Court to certify that its decision is in direct conflict with a decision of another district court of appeal, and/or that the decision passes upon a question of great public importance. Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we grant the motion for certification. Because reasonable people may differ on the interpretation of applicable Florida Supreme Court precedent as it applies to the interpretation of sections 95.11(3)(c) and 558.004, Florida Statutes (2014), we certify the following question to the Florida Supreme Court as one of great public importance:

DOES COMPLIANCE WITH THE NOTICE REQUIREMENT UNDER SECTION 558.004(1), FLORIDA STATUTES (2014) CONSTITUTE THE COMMENCEMENT OF A CIVIL ACTION OR PROCEEDING SUFFICIENT TO TOLL THE STATUTE OF REPOSE SET FORTH IN SECTION 95.11(3)(C), FLORIDA STATUTES (2014)?

Fernandez and Scales, Associate Judges, and Suarez, Senior Associate Judge, concur.