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Ip THB CIRCUIT COURT OF THB ~IINB-
TBBNTH JODICIAL-CIRCUIT IN AND FOR -
ST. LUCIB COUNTY, FLORIDA.
CIVIL ACTIGN N0. 78-85
FLORIDA POiiBR b LIGHT COMPANY, _
Plaintiff,
vs:
CITY OF FORT PIBRCB, FLORIDA,
et al.,
Defendant/Third
Party Plaintiffs,.
vs.
OUTDOOR RBSORTS OF AMBRICA, INC., -
Third Party Defendant.-
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O R D E R
THIS CAUSB coming on to be heard an motion of OUTDOOR
RESORTS OF AMBRICA, INC. for a summary 3udgment in its favor on
- the third party complaint on the ground that the statute of limi-
tations, Section 95.11 of the .Florida Statutes, has run. After
considering the pleadings, depositions, memoranda of law and
arguments of counsel, -the Court finds and determines that the cause
of action on the third party complaint started to accrue no sooner
than October 23, 1974 when Fort Pierce Utilities Authority and
Florida Power and Light Company reached an agreement on•the cost
of the project. Therefore, neither the five year nor the; four
year statute of limitation had~run, since the third party complaint
was filed in August, 1978. The time for payment by Outdoor Resorts
of America, Inc. was not until the cost of the installation was de-
termined. Demand was necessary in order for Outdoor Resorts of
America, Inc. to be in default. The cause of action would not
accrue until this demand was made, or until in the eaercise of
reasonable care, demand should have been made to Outdoor Resorts
of America, Inc.
It is thereupon
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