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Sutton v. Monroe County was dismissed
December 1, 2008, on Statute of Limitation Grounds, by Circuit Judge
Luis Garcia. The landowners 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, and the
Collins mandate will issue on February 18, 2009.
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 we are litigating the appeal.
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