Szapor v. City of Cape Canaveral

Full title: ERNEST F. SZAPOR, Appellant, v. CITY OF CAPE CANAVERAL, ETC., Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 26, 2001

775 So. 2d 1016 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D00-1181.

Opinion filed January 26, 2001.

Appeal from the Circuit Court for Brevard County, Lisa D. Kahn, Judge.

Affirmed.

Albert S. Lagano, Melbourne, for Appellant.

Michael J. Roper, Ernest H. Kohlmyer, III, of Bell, Leeper Roper, P.A., for Appellee.

PER CURIAM.

We affirm the summary judgment determining that the appellant is barred from bringing an action in inverse condemnation because the applicable four year statute of limitations has expired. The appellant filed his action in 1996, but knew of the appellee's invasion of his legal rights in 1989 or 1990. See Fla. Stat. § 95.111(3)(p) (1996); Sarasota Welfare Home, Inc. v. City of Sarasota, 666 So.2d 171 (Fla. 2d DCA 1995).

Sharp, W., Peterson and Palmer, JJ., Concur.