TORRES v. ALVA ALLEN INDUSTRIES, INC, 592 So.2d 1105 (Fla.App. 3 Dist. 1991)

MIGUEL TORRES, APPELLANT, v. ALVA ALLEN INDUSTRIES, INC., APPELLEE.

No. 90-1716.District Court of Appeal of Florida, Third District.
June 11, 1991. Rehearing Denied August 7, 1991.

An Appeal from the Circuit Court for Dade County; S. Peter Capua, Judge.

Klemick and Gampel, P.A., and Herman M. Klemick and Ross Gampel, Miami, for appellant.

Corlett, Killian, Ober, Hardeman Levi, P.A., and Love Phipps, Miami, for appellee.

Before FERGUSON, JORGENSON and GERSTEN, JJ.

PER CURIAM.

We reverse on the authority of Acosta v. Firestone Tire Rubber Co., 592 So.2d 1102 (Fla. 3d DCA 1991). As we did i Acosta, we certify conflict with the fourth district, Walker v. Miller Electric Mfg. Co., 16 F.L.W. 1386, 1991 WL 82508 (Fla. 4th DCA May 22, 1991). We certify to the Florida Supreme Court the following question as one of great public importance:

DOES THE NOW REPEALED STATUTE OF REPOSE, SECTION 95.031(2), FLORIDA STATUTES (1975), BAR A PLAINTIFF’S CAUSE OF ACTION WHERE THE LAW IN EFFECT AT THE TIME THE PLAINTIFF’S CAUSE OF ACTION ACCRUED WOULD HAVE PERMITTED HIM TO MAINTAIN A PRODUCTS LIABILITY ACTION?

Reversed; conflict certified; question certified.

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