Statute Of Limitations Accrual

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

• Standford Birnholz v. Steisel
  394 So. 2d 523· Fla. 3d DCA· 1981-02-24 ·cited 12×
  This case concerns the statute of limitations for attorney's fees. The court held that the statute of limitations for attorney fees begins to run when the services are completed, not when payment is demanded. The court also addressed the retroactivity of a statutory change in the
• Archer v. Airline Pilots Ass'n Int'l
  609 F.2d 934· 9th Cir.· 1979-11-07 ·cited 12×
  The court held that the statute of limitations barred claims for retainer and court costs, but not the contingent fee reimbursement claim. However, summary judgment for the union was proper because the union owed no duty of fair representation to the plaintiff regarding his insur
• Cisko v. Diocese OF Steubenville
  123 So. 3d 83· Fla. 3d DCA· 2013-09-04 ·cited 11×
  The appellants, representatives of an estate and a Jane Doe, sued the Diocese of Steubenville for negligence arising from alleged sexual abuse by priests in 1966-1967. The trial court granted summary judgment based on Florida's four-year statute of limitations, and the appellate
• Flanagan v. Wagner
  594 So. 2d 776· Fla. 4th DCA· 1992-01-03 ·cited 11×
  In this defamation case, the Fourth District Court of Appeal reversed the trial court's dismissal based on the statute of limitations, holding that under Florida's discovery rule, the limitations period for a defamation action begins to run when the plaintiff knew or should have
• Mack v. Varelas
  835 F.2d 995· 2d Cir.· 1987-12-22 ·cited 11×
  The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
• Tibbs v. Great Am. Ins. Co.
  755 F.2d 1370· 9th Cir.· 1985-03-18 ·cited 11×
  The court held that the insurer breached its duty to defend and that punitive damages were properly awarded based on evidence of bad faith and malice. The statute of limitations did not bar the claim, and the insurer's appeal raised substantial issues, warranting denial of attorn
• Branford State Bank v. Hackney Tractor Co., Inc.
  455 So. 2d 541· Fla. 1st DCA· 1984-08-23 ·cited 11×
  The statute of limitations on a conversion claim begins to accrue when the plaintiff knew or should have known of the invasion of its legal rights, not from the date of the conversion itself.
• In re "Agent Orange" Product Liability Litigation. Shirley IVY v. Diamond Shamrock Chems. Co.
  996 F.2d 1425· 2d Cir.· 1993-06-24 ·cited 10×
  The court held that the district court properly exercised jurisdiction over the removed cases under the All Writs Act to protect its prior judgment in the Agent Orange I class action. It also affirmed that plaintiffs manifesting injury after the settlement date were properly incl
• The Radiology Ctr. v. Stifel
  919 F.2d 1216· 7th Cir.· 1990-11-29 ·cited 10×
  The court held that the ERISA statute of limitations requires actual knowledge of the breach, not just constructive knowledge, and that the securities claims should be reconsidered in light of new precedent.
• Childs v. Pa. Fed'n Bhd. OF Maint. WAY Emps.
  831 F.2d 429· 3d Cir.· 1987-10-19 ·cited 10×
  The court held that a duty of fair representation claim accrues when the National Railroad Adjustment Board rejects the employee's claim, not when the union's breach occurs, if the union continues to represent the employee. It also held that federal courts have subject matter jur
• Nicolazzo v. United States
  786 F.2d 454· 1st Cir.· 1986-03-21 ·cited 10×
  The court held that the statute of limitations for a Federal Tort Claims Act medical malpractice claim does not begin to run until the plaintiff discovers, or reasonably should have discovered, the factual predicate for the claim, not merely the injury itself.
• Griffen v. BIG Spring Indep. Sch. Dist.
  706 F.2d 645· 5th Cir.· 1983-06-09 ·cited 10×
  The court held that the Texas 'wrong court' tolling statute applied, saving the plaintiff's claim from the statute of limitations, and that the State Board's procedures were inadequate to give its findings collateral estoppel effect.
• Hartford Life Ins. Co. v. The Title Guar. Co.
  520 F.2d 1170· D.C. Cir.· 1975-10-14 ·cited 10×
  The court held that the statute of limitations did not bar Hartford's claims against Walker & Dunlop, and that the 'without recourse' endorsement did not preclude these claims. It also held that enforcing the title insurance policy against the Title Companies would not violate pu
• Davis v. Williams
  239 So. 2d 593· Fla. 1st DCA· 1970-10-01 ·cited 10×
  Elizabeth Davis appealed the dismissal of her wrongful death action against St. Paul Fire and Marine Insurance Company, the hospital's professional liability insurer. The court reversed the dismissal, holding that liability insurance carriers can be joined as defendants in tort a
• Sauer v. The United States
  354 F.2d 302· Ct. Cl.· 1965-12-17 ·cited 10×
  The court held that the plaintiff's claim for a lump-sum payment for unused annual leave was not barred by the statute of limitations, as the claim accrued upon his separation from federal service.
• Maher v. Cities Serv. Pipe Line Co.
  286 F.2d 313· 10th Cir.· 1960-12-23 ·cited 10×
  The court held that the statute of limitations does not bar recovery for oil leaks if they occurred or became apparent within two years prior to the complaint filing and the defendant was negligent.
• Kelly v. Lodwick
  82 So. 3d 855· Fla. 4th DCA· 2011-05-25 ·cited 9×
  Plaintiffs, as assignees of a school and its employee, sued insurance agents for negligence and breach of fiduciary duty for failing to obtain insurance coverage. The trial court dismissed the action based on expiration of the statute of limitations. The appellate court reversed,
• Blumberg v. USAA Cas. Ins. Co.
  729 So. 2d 460· Fla. 4th DCA· 1999-03-17 ·cited 9×
  Blumberg sued his insurance agent Bruner for negligently failing to procure adequate insurance coverage for valuable sports cards that were stolen from his home. The trial court granted summary judgment to Bruner based on the statute of limitations, finding the cause of action ac
• Diaz v. United States
  165 F.3d 1337· 11th Cir.· 1999-01-29 ·cited 9×
  Lillian Diaz brought a wrongful death claim under the Federal Tort Claims Act alleging that federal prison psychologists negligently treated her husband, leading to his suicide. The court held that a wrongful death claim based on medical malpractice accrues when the plaintiff kno
• Simkins Indus., Inc. v. Lawyers Title Ins. Corp.
  696 So. 2d 384· Fla. 3d DCA· 1997-05-21 ·cited 9×
  Simkins Industries appeals attorney's fees awards granted to Lawyers Title and Green after summary judgment was entered in their favor on statute of limitations grounds. The court reverses the fee awards, holding that although the underlying claim was ultimately unsuccessful, it
• State of Fla. Dep't OF Env't Prot. v. Fleet Credit Corp.
  691 So. 2d 512· Fla. 4th DCA· 1997-03-12 ·cited 8×
  The Florida Department of Environmental Protection sued Fleet Credit Corporation for contaminating groundwater through hazardous substance disposal in the 1980s. The trial court dismissed the action on statute of limitations grounds, but the appellate court reversed, holding that
• Martin v. Youngstown Sheet & Tube Co.
  911 F.2d 1239· 7th Cir.· 1990-08-10 ·cited 8×
  The court held that while some claims may be timely, the appellants failed to state a legally sufficient claim for breach of the duty of fair representation, which is a prerequisite for a hybrid section 301 claim.
• Lucas v. Mountain States Tel. & Tel.
  909 F.2d 419· 10th Cir.· 1990-07-30 ·cited 8×
  The six-month statute of limitations for hybrid § 301 suits begins to run when the employee knows or should have known of the union's decision to abandon the grievance.
• Michelle Colleen by her guardian Ad Litem Ronald Dearing v. United States
  843 F.2d 329· 9th Cir.· 1987-12-30 ·cited 8×
  The court held that the FTCA claim was timely filed, but the magistrate's zero percent discount rate for damages was an abuse of discretion requiring remand. The award to the parents was affirmed.
• Local 670 v. Int'l Union
  822 F.2d 613· 6th Cir.· 1987-06-26 ·cited 8×
  The court held that while the grievance is arbitrable, the district court erred in dismissing the case for failure to join Local 703, as it was not an indispensable party under Rule 19.
• Charles D.O. Kline v. N. Tex. State Univ.
  782 F.2d 1229· 5th Cir.· 1986-02-14 ·cited 8×
  The court held that a substantial part of the plaintiff's case was barred by the statute of limitations and that there was insufficient evidence to prove a deprivation of constitutional rights caused by the defendants.
• Tepper v. Citizens Fed. Sav. & Loan Ass'n
  448 So. 2d 1138· Fla. 3d DCA· 1984-04-10 ·cited 8×
  The statute of limitations for wrongful dishonor of a check against the drawer begins to run on the date of presentment and dishonor, not the date of issuance.
• Calhoun v. Ala. Alcoholic Bev. Control Bd. & Escambia Cnty. Comm'n
  705 F.2d 422· 11th Cir.· 1983-05-16 ·cited 8×
  The court held that a claim under 42 U.S.C. § 1983 accrues when the plaintiff knows or has reason to know of the injury, which in discrimination cases may be when the discriminatory act becomes apparent, not necessarily when the initial adverse action occurred.
• Deakyne v. Dep't OF The Army Corps OF Eng'rs
  701 F.2d 271· 3d Cir.· 1983-03-04 ·cited 8×
  The court affirmed the district court's rejection of Deakyne's abandonment claim but remanded for further factual determination regarding whether the 1924 reconveyance of adjacent land provided notice of the government's fee claim to Deakyne's predecessor.
• Republic Sec. Corp. v. The Puerto RICO Aqueduct & Sewer Auth.
  674 F.2d 952· 1st Cir.· 1982-03-23 ·cited 8×
  The court affirmed the district court's award of restitution and interest, holding that the statute of limitations did not bar the claim, res judicata applied, and the legal interest rate was correctly applied.
• Earl R. and Montez Midgett v. The United States
  603 F.2d 835· Ct. Cl.· 1979-07-18 ·cited 8×
  The Army Board for Correction of Military Records' denial of the parents' application was arbitrary and unsupported by substantial evidence, as the evidence presented, including a Virginia decree of death and the soldier's military record, contradicted the finding of desertion.
• Wilroy Reid v. United States
  224 F.2d 102· 5th Cir.· 1955-06-30 ·cited 8×
  The court held that the application of the statute of limitations in this case, involving a claim of negligent medical advice leading to delayed discovery of an advanced disease, could not be properly determined in a summary judgment proceeding.
• Roth v. State Farm Mut. Auto. Ins. Co.
  581 So. 2d 981· Fla. 2d DCA· 1991-06-21 ·cited 7×
  The statute of limitations for personal injury protection benefits does not begin to run until the insurer provides written notice of denial for each specific claim.
• Garland E. Ching v. Mitre Corp.
  921 F.2d 11· 1st Cir.· 1990-12-10 ·cited 7×
  The court held that the district court properly asserted jurisdiction and dismissed the case as barred by the statute of limitations, affirming the removal and summary judgment.
• Justina Ghartey v. ST. John's Queens Hosp.
  869 F.2d 160· 2d Cir.· 1989-02-28 ·cited 7×
  A hybrid Section 301/duty of fair representation claim accrues when the arbitration award is issued, not when the union's alleged breach of duty occurs during the arbitration hearing.
• United States v. F.E.B. Corp.
  52 F.4th 916· 11th Cir.· 2022-11-01 ·cited 6×
  The Eleventh Circuit considered whether Wisteria Island, created by the United States through dredging operations in Key West Harbor in the 1920s and 1940s, fell within the Submerged Lands Act's exception for lands "filled in, built up, or otherwise reclaimed by the United States
• D.H. v. Adept Cmty. Servs., Inc.
  271 So. 3d 870· Fla.· 2018-11-01 ·cited 6×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that statute of limitations barred minors' negligence claims against service providers who allegedly failed to protect them from parental abuse. The Court held that the statute of limitations was to
• Arvelo v. Park Fin. OF Broward, Inc.
  15 So. 3d 660· Fla. 3d DCA· 2009-06-24 ·cited 6×
  Maria Arvelo challenges a deficiency judgment on a repossessed automobile, arguing the statute of limitations expired before Park Finance sued. The court holds that the limitations period commenced when the debt was accelerated upon default in March 2002, not when the vehicle was
• In re Est. OF Robert C. Tensfeldt v. Tensfeldt
  839 So. 2d 720· Fla. 2d DCA· 2003-01-15 ·cited 6×
  The Florida District Court of Appeal reversed the dismissal of a breach of contract action brought by three adult children against their stepmother regarding their father's failure to comply with a 1974 divorce settlement agreement requiring him to leave two-thirds of his net est
• The Word OF Life Ministry, Inc. v. Miller
  778 So. 2d 360· Fla. 1st DCA· 2001-01-11 ·cited 6×
  A Florida church corporation sought to recover assets allegedly wrongfully converted by its former ministerial officers, the Millers. The court held that purported amendments to the corporate articles of incorporation and dissolution were ultra vires and void because they lacked
• Nelda Mattson v. U.S. W. Commc'ns, Inc.
  967 F.2d 259· 8th Cir.· 1992-06-01 ·cited 6×
  The court held that the Fair Debt Collection Practices Act's one-year statute of limitations begins to run on the date a debt collection letter is mailed, not when it is received, and that Federal Rule of Civil Procedure 6(a) does not apply to jurisdictional statutes of limitatio
• Babush v. Am. Home Prods. Corp.
  589 So. 2d 1379· Fla. 4th DCA· 1991-11-27 ·cited 6×
  This products liability case addresses when the statute of limitations commences for drug injury claims. The court reversed summary judgment dismissing a claim brought by Harry Babush against the manufacturer of clofibrate (Atrom-id-S), holding that a genuine factual dispute exis
• Regis Ann Gould v. U.S. Dep't OF Health & Human Servs.
  884 F.2d 785· 4th Cir.· 1989-09-08 ·cited 6×
  A Federal Tort Claims Act claim does not accrue until the claimant learns that the tortfeasor was a federal employee, even if the claimant was aware of the injury and its cause earlier.
• Kinsey v. The United States
  852 F.2d 556· Fed. Cir.· 1988-07-25 ·cited 6×
  The court held that Kinsey's claim accrued when the FmHA wrongfully withheld loan funds, not when the loan term expired, making his suit time-barred.
• Cara Lyn Landreth v. United States
  850 F.2d 532· 9th Cir.· 1988-06-23 ·cited 6×
  The court should not have decided the constitutional claims prematurely and should have remanded for factual determination of the father's liability.
• Coastal Distrib. Co., Inc. v. NGK Spark Plug Co., Ltd.
  779 F.2d 1033· 5th Cir.· 1986-01-02 ·cited 6×
  The court held that Coastal's fraud and unfair competition claims were barred by the statute of limitations, and the oral contract was unenforceable as an illegal restraint of trade.
• Clarice King v. Nashua Corp. & H.S. Crocker
  763 F.2d 332· 8th Cir.· 1985-05-30 ·cited 6×
  The court held that the Missouri savings statute does not apply to a prior lawsuit dismissed in another state, and thus the current action was time-barred.
• United States v. Core Labs., Inc.
  759 F.2d 480· 5th Cir.· 1985-05-06 ·cited 6×
  The court held that the five-year statute of limitations for enforcing civil penalties under 28 U.S.C. § 2462 begins to run from the date of the underlying violation, not the date of the final administrative order assessing the penalty.
• United States v. Hughes House Nursing Home, Inc.
  710 F.2d 891· 1st Cir.· 1983-07-01 ·cited 6×
  The court held that for most Medicare overpayments, the statute of limitations accrues upon the final retroactive adjustment, not upon initial payment or audit. However, 'current financing payments' accrue at the time they become due and payable.
• Equilease Corp. v. State Fed. Sav. & Loan Ass'n
  647 F.2d 1069· 10th Cir.· 1981-05-08 ·cited 6×
  The court held that Equilease's claims sounded in tort and were barred by the statute of limitations because Equilease failed to notify State Federal of the pledge of savings certificates before Henry Oil withdrew the funds.