CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1272, 2009 WL 383570
...ed judgment against the Hebdens for $39,459 plus prejudgment interest. Chapter 558 applies to actions involving a "construction defect," a term defined in section
558.002(4). As property owners, the Hebdens were "claimants" under section
558.002(3). Section
558.003 states that a "claimant may not file an action subject to this chapter without first complying with the requirements of this chapter." If a claimant files a lawsuit "without first complying with the requirements" of *419 Chapter 558, a court "shall abate the action, without prejudice" upon a timely motion by a party and "the action may not proceed until the claimant has complied with such requirements." §
558.003, Fla....
...Chapter 558 encourages settlement by providing a procedure to lead the parties to the waters of compromise; it does not make them drink. The one remedy specified for noncompliance with the statute is abatement, upon a timely motion, until the offending party complies with the statutory procedures. See §§
558.003,
558.004(7), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 20037, 2009 WL 4927912
...s Act, strict product liability, and negligence. Banner, one of the named defendants, is the supplier of the allegedly defective drywall. [2] See §§
558.001-005, Fla. Stat. (2008) (controlling litigation arising from construction defects). [3] See §
558.003, Fla....
CopyPublished | District Court, M.D. Florida | 2016 WL 4705632, 2016 U.S. Dist. LEXIS 121348
...defective stucco siding (Count III). By way of the instant motion, Pulte seeks dismissal of all three claims. In the alternative, Pulte seeks to have this matter stayed until the Plaintiffs comply with the pre-suit notice requirements of Fla. Stat. § 558.003 ....
...In addition, another subsection of Chapter 558 provides that if a claimant fails to provide the requisite notice, “on timely motion by a party to the action the court shall stay the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements.” Fla. Stat. § 558.003 ....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 72466, 2015 WL 3539755
...For purposes of this statute, ACI is a contractor, and the Condominium is a claimant. If a claimant files an action subject to Chapter 558 without first complying with the requirements of the chapter, a defendant can move to stay the action until the claimant has complied. F.S.A. § 558.003....
CopyPublished | Florida 3rd District Court of Appeal
...e burden.” §
558.004(1)(b).
Moss asserted that Peterson did not provide it with the presuit notice
of claim required by section
558.004. Therefore, the action must be stayed
until Peterson complies with the statute under the dictates of section
558.003, which provides in relevant part as follows:
A claimant may not file an action subject to this chapter without
first complying with the requirements of this chapter....
...complying with the requirements of this chapter, on timely motion
by a party to the action the court shall stay the action, without
prejudice, and the action may not proceed until the claimant has
complied with such requirements.
§ 558.003, Fla....
...a construction defect without first complying with the requirements of this
chapter, on timely motion by a party to the action the court shall stay the
action, without prejudice, and the action may not proceed until the claimant
has complied with such requirements.” § 558.003, Fla....
...fect,” as those
5
“Action” is defined as follows:
9
terms are defined in the statute. §
558.002(1),(3),(5)(d), Fla. Stat. As such,
the trial court was compelled to apply the plain language of section
558.003
upon Moss’ motion to stay and Peterson’s acknowledged noncompliance
with the notice of claim requirements of section
558.004. By instead
concluding that no stay was yet required, the trial court failed to apply the
plain language of section
558.003, thereby departing from the essential
requirements of the law....
...(2024).
10
Accordingly, we grant the petition and quash the trial court’s order
denying the motion to stay litigation.6
6
We deny Moss’ request that we instruct the trial court to stay the litigation
under section 558.003....
CopyPublished | Supreme Court of Florida
...And the parties do not dispute
that Florida law controls.
A. Chapter 558 Process
Chapter 558, titled “Construction Defects,” sets forth procedural
requirements before a claimant may file an action for a construction defect. See
§ 558.003, Fla....
...at 10. As the majority recognizes and the United States Court of
Appeals for the Eleventh Circuit emphasized, chapter 558 limits any construction
defect lawsuit to defects that have been properly identified in a chapter 558 notice
of claim. See § 558.003, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 1372085, 2017 Fla. App. LEXIS 5106
...shall be commenced as follows:
1 Chapter 558, Florida's construction defect statute, requires a claimant to serve a
written notice of claim on the party believed to be responsible for the defect 60 days prior
to filing suit. See §§
558.003;
558.004(1), Fla....
...We reject this argument because there
is an important distinction between the two statutory schemes. If a potential medical
malpractice litigant files suit prematurely, the case is subject to dismissal; however, if a
claimant asserting a construction defect files suit prematurely, the lawsuit is simply
stayed. See § 558.003....
