Opinion
No. AL-98.
December 14, 1982.
Appeal from the Circuit Court, Duval County, Virginia Q. Beverly, J.
Jack F. Wayman, Jacksonville, P.A., for appellant.
Mattox S. Hair of Marks, Gray, Conroy Gibbs, Jacksonville, for appellees.
Goldberg appeals a summary judgment in favor of the consolidated City of Jacksonville and its insurer. We affirm.
Section 768.28(6), Florida Statutes (1981), establishes a three-year limitations period for written notice of claims against a municipality. Showell Industries v. Holmes County, 409 So.2d 78 (Fla. 1st DCA 1982). Section 205 of the Soldiers and Sailors Civil Relief Act (50 U.S.C.App. § 525) tolls limitation periods until discharge from service. It is undisputed that the cause of action arose 11 August 1976. Goldberg was discharged 10 October 1977 and filed his written notice 5 November 1980.
There being no disputed issue of material fact, summary judgment was appropriate and is
AFFIRMED.
ROBERT P. SMITH, Jr., C.J., and McCORD, J., concur.