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SULLIVAN v. NAVISTAR INT'L CO.

No. 86-1001.

510 So.2d 998 (1987)

William F. SULLIVAN, IV, Attorney in Fact for the Survivors of Meliton Mendez, and to Be Appointed Personal Representative of the Estate of Meliton Mendez, Deceased, Appellant, v. NAVISTAR INTERNATIONAL COMPANY, Formerly International Harvester Company, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 31, 1987.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, and Edward Perse, Miami, for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

PER CURIAM.

We reverse the summary judgment on authority of Henley v. J.I. Case Co., 510 So.2d 342 (Fla. 3d DCA 1987) (the products liability statute of repose which requires that the action be commenced within the twelve-year period is inapplicable to wrongful death actions).

Reversed and remanded.

We certify the same question certified in Henley:

DOES THE STATUTE OF REPOSE BAR A WRONGFUL...

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