Florida/Georgia Personal Injury & Workers Compensation

...The district court in Walker concluded that the repeal of the statute of repose could not affect the defendants' vested right not to be sued. The district court explained its holding by analogizing our decision in Walter Denson & Son v. Nelson, 88 So.2d 120 (Fla. 1956); the application of section 11.2425, Florida Statutes (1987); and our answer to the first certified question in Melendez v....

...1st DCA 1978), cert. denied, 378 So.2d 348 (Fla. 1979). We find that the same principle applies to the repeal of a statute of repose and the rights of these defendants. We believe that the legislature fully understood this principle when it stated, in section 11.2425, Florida Statutes (1987), that "[t]he repeal of any statute by the adoption and enactment of Florida Statutes 1987 ......

...§ 726.01, repealed by Uniform Fraudulent Transfer Act of 1987, ch. 87-79, § 13, 1987 Fla.Laws 289. Florida had adopted the UFTA between the time Josephine Romano received title and the time when she transferred it to Anthony Mario Romano on July 1, 1988. According to Fla.Stat. § 11.2425 (1987), a general saving clause, "[t]he repeal of any statute by the adoption and enactment of Florida Statutes 1987, by s....

...Applying the reasoning of Nelson to the instant facts, although the statute there amended a statute of limitation, we conclude that the repeal of the statute of repose sub judice could not affect appellees' vested right to not be sued. Finally, as Acosta noted, the wording of section 11.2425 of the Florida Statutes, enacted during the same session when the legislature amended section 95.031(2), is an expression of legislative intent and highly persuasive support for the Nelson line of reasoning: The repeal of any statute by the adoption and enactment of Florida Statute 1987 ......