Equitable Tolling

1,372 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rich v. United States
  N.D. Fla.· 2025-01-07
  The court held that the plaintiffs' claims are barred by the statute of limitations and should be dismissed with prejudice.
• Roman v. Dep't of Corr.
  M.D. Fla.· 2024-12-23
  The court held that the petition for writ of habeas corpus was untimely filed under AEDPA, and equitable tolling and actual innocence exceptions did not apply.
• Ali v. Sec'y, Fla. Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-12-17
  The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and no basis existed to excuse the delay.
• Myers v. Provident Life & Accident Ins. Co.
  M.D. Fla.· 2024-12-09
  A cardiologist challenged an insurance company's denial of his disability claim, alleging fraudulent claims practices through misuse of CPT codes in violation of RICO, but the court granted summary judgment for the insurance company because the plaintiff failed to establish equit
• Blanco v. Sec'y Fla. Dep't Of Corr. (Duval County)
  M.D. Fla.· 2024-12-09
  The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and dismissed the case with prejudice.
• Rodgers v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-12-06
  The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and dismissed the case.
• Mulrooney v. Sec'y, Dep't of Corr. (Pasco County)
  M.D. Fla.· 2024-11-26
  The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by AEDPA, and no tolling or equitable exceptions apply.
• Yacup v. United States
  M.D. Fla.· 2024-11-13
  The court held that the petitioner's motion to vacate his sentence was filed significantly outside the statutory limitations period.
• Jones v. Dixon
  N.D. Fla.· 2024-11-12
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than three years after the one-year limitations period expired.
• Marquetti v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-10-28
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed long after the one-year limitations period expired, even when accounting for potential tolling and a later start date based on alleged newly discovered evidence.
• Carn v. State
  S.D. Fla.· 2024-10-24
  The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's judgment became final, and neither statutory tolling, equitable tolling, nor the actual innocence exception applies.
• Reyes Ramos v. Secretary
  M.D. Fla.· 2024-10-22
  The court denied the motion to proceed in forma pauperis because the appeal was not taken in good faith, as the sole issue raised was not preserved for appeal.
• Merriell v. Dixon
  N.D. Fla.· 2024-10-21
  The court held that a successive federal habeas petition must be dismissed for lack of jurisdiction if the petitioner has not obtained authorization from the appropriate court of appeals.
• King v. Sec'y, Dep't of Corr. (Osceola County)
  M.D. Fla.· 2024-10-16
  The federal habeas corpus petition was denied as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no grounds for tolling or extension were established.
• Wright v. Sec'y, Fla. Dep't of Corr. (Putnam County)
  M.D. Fla.· 2024-10-16
  The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it because he failed to demonstrate actual innocence or any other basis for equitable tolling.
• Barker v. United States
  M.D. Fla.· 2024-10-09
  The court held that a pro se prisoner's motion to vacate sentence is untimely if not filed within the one-year statute of limitations, and vague claims without factual support are insufficient.
• Denkins v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-10-03
  The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
• Borrome v. United States
  M.D. Fla.· 2024-09-26
  The court held that a motion to vacate sentence under 28 U.S.C. § 2255 is untimely if filed more than one year after the judgment of conviction became final, even if the motion raises jurisdictional challenges.
• Pierre v. Dep't of Corr.
  S.D. Fla.· 2024-09-26
  The court held that the federal habeas petition was time-barred because the state post-conviction motion did not toll the limitations period, and the petitioner failed to establish actual innocence.
• Espana-Solis v. United States
  M.D. Fla.· 2024-09-13
  The court held that the movant's Section 2255 motion was time-barred because it was filed nearly 18 months after the one-year limitations period expired, and equitable tolling was not warranted.
• Willis v. United States
  M.D. Fla.· 2024-08-30
  The court held that the defendant's motion to vacate his conviction was untimely and therefore dismissed.
• Colon v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-08-28
  The court held that the applicant's petition for a writ of habeas corpus was untimely and therefore dismissed.
• Streeter v. Sec'y, Dep't of Corr. (Polk County)
  2024 WL 964197· M.D. Fla.· 2024-08-28
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and her claims for equitable tolling were insufficient.
• Johnson v. Jones
  2023 WL 4358555· M.D. Fla.· 2024-08-23
  The court denied the plaintiff's motions for reconsideration because the arguments presented were either not grounds for reconsideration or did not establish extraordinary circumstances required for equitable tolling.
• Metzler v. Warden
  N.D. Fla.· 2024-08-21
  The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and no exceptions applied.
• Carter v. United States
  M.D. Fla.· 2024-08-19
  The court held that the petitioner must show cause for the untimeliness of his § 2255 motion, as the delay between signing and court receipt raises questions about the prison mailbox rule's applicability.
• Harper v. O'Neal
  S.D. Fla.· 2024-08-16
  The court held that Shaquille O'Neal can be considered a 'seller' for Section 12(a)(1) claims due to his solicitations, and that Galaxy token claims are not time-barred, but some Astrals token claims are. The court also dismissed control person claims against O'Neal under Section
• Weber v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2024-08-15
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because it was filed more than two months after the expiration of the one-year limitations period.
• Ford v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-08-15
  The court held that the habeas corpus application was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because the applicant's prior state post-conviction motion was dismissed as untimely and therefore did not toll the federal limitation period.
• Nascimben v. Feld Ent., Inc.
  M.D. Fla.· 2024-08-06
  The court held that the plaintiff's lawsuit was untimely filed and that the complaint failed to state a claim for relief due to improper pleading and insufficient allegations of disability. Furthermore, service of process was deficient, depriving the court of jurisdiction.
• Bond v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-08-01
  The federal habeas petition is dismissed as time-barred because the petitioner failed to demonstrate diligence or extraordinary circumstances for equitable tolling, and the alleged new evidence does not establish actual innocence.
• Baxter v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-07-30
  The court held that the petitioner's federal habeas corpus application was time-barred because his state post-conviction relief petition was not properly filed and thus did not toll the statute of limitations.
• Gant v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-07-22
  The court held that the habeas corpus application was untimely filed and therefore dismissed.
• Turner v. The Fla. Dep't of Corr.
  M.D. Fla.· 2024-07-19
  The court held that the plaintiff's claims were untimely filed, as the statute of limitations began to run by May 31, 2019, and the complaint was filed over four years later.
• Lay v. Storm Smart Bldg. Sys., Inc.
  M.D. Fla.· 2024-07-19
  The court granted the motion to dismiss, finding that most federal claims were time-barred due to failure to exhaust administrative remedies, and dismissed the state law claim for lack of supplemental jurisdiction.
• Hayes v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-07-09
  The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
• Davis v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-07-08
  The court held that the petitioner's habeas corpus petition was untimely filed and he failed to establish grounds for equitable tolling or actual innocence to overcome the procedural bar.
• Butler v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-06-27
  The court held that the petitioner's habeas corpus petition was time-barred and that his claim for equitable tolling based on the confiscation of his legal property was insufficient.
• Burney v. United States
  M.D. Fla.· 2024-06-27
  The court held that the petitioner's motion to vacate his conviction was time-barred under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations. The court also denied his motion to amend with additional claims, finding they did not relate back to th
• Toole v. United States
  M.D. Fla.· 2024-06-17
  The court held that the petitioner's motion to vacate sentence was untimely and dismissed it.
• Cunningham v. Sanofi S.A.
  M.D. Fla.· 2024-06-14
  The court held that the plaintiffs' claims are barred by the statute of limitations because they had sufficient notice of their injury and its potential cause more than four years before filing suit.
• Schuller v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-06-14
  The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
• Doe K.R. v. Choice Hotels
  M.D. Fla.· 2024-06-12
  A woman alleged she was a victim of sex trafficking at a Choice Hotels franchised property in Orlando, Florida for approximately three months in 2013, and brought claims under the Trafficking Victims Protection Reauthorization Act against both the hotel owner/operator and the fra
• Williams v. United States
  M.D. Fla.· 2024-06-05
  The court held that the petitioner's motion to vacate his sentence was time-barred and that his constitutional challenges to the statute under which he was convicted were foreclosed by binding precedent.
• Diaz v. Dixon
  S.D. Fla.· 2024-05-31
  The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
• Marin-Monroy v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-05-30
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither the actual innocence exception nor equitable tolling applied.
• Sloan v. Drummond Co., Inc.
  102 F.4th 1169· 11th Cir.· 2024-05-23
  The court held that it lacked jurisdiction to review the petition for review because it was filed one day late and the filing deadline under the Black Lung Benefits Act is jurisdictional. The court also held it lacked jurisdiction to review the denial of the motion for reconsider
• Reca v. Internal Revenue Serv.
  S.D. Fla.· 2024-05-22
  The court held that it lacked subject-matter jurisdiction over Ms. Reca's claims, the petition to quash the summons was untimely, and the IRS issued the summons in good faith, warranting dismissal.
• Moore v. United States
  M.D. Fla.· 2024-05-22
  The court held that the movant's motion to vacate his convictions was untimely filed and therefore dismissed.
• West v. Patterson-Schwartz & Assocs., Inc.
  Del. Super. Ct.· 2024-05-10
  The court granted summary judgment for the defendants, holding that the plaintiff's claims for injuries from mold exposure were time-barred by the statute of limitations. The court found that the plaintiff was on "inquiry notice" of his potential claim no later than July 2019, wh