Statute Of Limitations Accrual

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

• State Farm Fire & Cas. Co. v. Robinson
  529 So. 2d 1210· Fla. 5th DCA· 1988-07-28 ·cited 2×
  State Farm appeals a judgment awarding damages to a minor injured in an automobile accident, arguing that the statute of limitations had expired when it was joined as a defendant. The court affirms, holding that a liability insurer's cause of action does not accrue until judgment
• Herrera-Diaz v. United States
  845 F.2d 1534· 9th Cir.· 1988-05-04 ·cited 2×
  The court held that Victor's medical negligence claim accrued in 1978 when his mother knew of his injury and its cause, making the claim time-barred under the FTCA's two-year statute of limitations.
• Dougherty v. U.S. Navy Bd. for Corr. of Naval Records
  784 F.2d 499· 3d Cir.· 1986-03-03 ·cited 2×
  The six-year statute of limitations for challenging a Navy Board for Correction of Naval Records decision does not begin to run until the Board issues its final decision.
• Joyce v. A.C. & S., Inc.
  785 F.2d 1200· 4th Cir.· 1986-02-28 ·cited 2×
  The dissenting judge believes the case should be reversed and remanded for trial, arguing that factual disputes exist regarding the accrual of the plaintiff's injury and that discovery was improperly limited on the corporate concealment claim.
• Rothmans Tobacco Co., Ltd. v. Liggett Grp., Inc.
  770 F.2d 1246· 4th Cir.· 1985-08-22 ·cited 2×
• DeGETTE v. The Mine Co. Rest., Inc.
  751 F.2d 1143· 10th Cir.· 1985-01-09 ·cited 2×
  The court held that the discovery rule applies to the plaintiff's claims, and the trial court erred by dismissing the case without making specific findings on the plaintiff's diligence.
• Donal M. Brubaker v. John Cavanaugh, M.D.
  741 F.2d 318· 10th Cir.· 1984-08-22 ·cited 2×
  The court held that the Kansas statute of limitations for medical malpractice, including its four-year cap on the discovery rule, is constitutional as applied and bars the plaintiff's claims.
• Wilcoxen v. Kroger Food Stores & Local Union No. 88 Amalgamated Meat Cutter & Butcher Workmen of N. Am.
  723 F.2d 626· 8th Cir.· 1983-12-27 ·cited 2×
  The court held that the plaintiff's suit was not timely filed under the applicable six-month statute of limitations.
• Garvie v. Duo-Fast Corp.
  711 F.2d 47· 5th Cir.· 1983-08-01 ·cited 2×
  The court is bound by precedent to affirm the judgment, despite concerns about the fairness of the rule applied.
• Penthouse N. Ass'n, Inc. v. Remo M. Lombardi
  436 So. 2d 184· Fla. 4th DCA· 1983-04-27 ·cited 2×
  Penthouse North Association sued its former lessor-officers for breaching fiduciary duties in executing a 1966 lease with an escalation clause without disclosure. The Fourth District Court of Appeal affirmed dismissal of the association's complaint as time-barred but reversed and
• L.S.S. Leasing Corp. v. United States
  695 F.2d 1359· Fed. Cir.· 1982-12-10 ·cited 2×
  The court held that Supplemental Agreement 10 (S.A. 10) applies to overtime usage in Computer Room One, and the agreed rate of $53 per hour is applicable. It also held that the statute of limitations does not bar claims discovered within the six-year period. Finally, it ruled tha
• Am. Tel. & Tel. Co. v. The United States
  685 F.2d 1361· Ct. Cl.· 1982-08-11 ·cited 2×
  The statute of limitations for a claim under the Invention Secrecy Act of 1951 (35 U.S.C. § 183) does not begin to run until the patent is issued, when all events fixing liability and entitling the claimant to sue have occurred.
• Brownfield v. The United States
  589 F.2d 1035· Ct. Cl.· 1978-12-13 ·cited 2×
  The court held that the plaintiff's claim for advancement on the retired list accrued in 1957 when the Secretary first denied it, and the subsequent applications to the Correction Board did not create a new cause of action or extend the statute of limitations.
• Bradley v. Gen. Motors Corp.
  512 F.2d 602· 6th Cir.· 1975-03-05 ·cited 2×
  The court held that a petition for rehearing should be granted, the prior decision vacated, and the case remanded for reconsideration in light of the Tennessee Supreme Court's decision in Teeters v. Currey.
• Ethelyn Wheeler Hamilton v. Gen. Motors Corp.
  490 F.2d 223· 7th Cir.· 1973-12-17 ·cited 2×
  The court held that the statute of limitations for a non-expert witness's claim for services begins to run when the services are performed, not when the litigation concludes, due to public policy against compensating non-expert witnesses beyond statutory fees.
• Green v. M. T. D. Prods.
  449 F.2d 757· 4th Cir.· 1971-08-09 ·cited 2×
  The statute of limitations for personal injury claims in North Carolina accrues at the time of the injury, not when the injury becomes known.
• Hallack v. Hawkins
  409 F.2d 627· 6th Cir.· 1969-04-08 ·cited 2×
  The court held that the statute of limitations for an action to recover the value of real property fraudulently conveyed begins to run from the date of the fraudulent conveyance, not from a later act in furtherance of the fraud.
• MacINNES v. United States
  189 F.2d 733· 1st Cir.· 1951-06-19 ·cited 2×
  The court held that claims for negligence and unseaworthiness are time-barred if not filed within two years of the injury, but claims for maintenance and cure are recoverable for the two-year period preceding the libel filing.
• Kendron v. SCI Funeral Servs. OF Fla., LLC
  230 So. 3d 636· Fla. 5th DCA· 2017-12-08 ·cited 1×
  The court held that the statute of limitations did not bar claims for intentional and negligent infliction of emotional distress, but did bar the claim for tortious interference with human remains.
• Gerald v. Keller and Beulah M. Keller
  603 So. 2d 717· Fla. 2d DCA· 1992-08-26 ·cited 1×
  The Kellers sold property to the Bardens through a title company in 1983, and the deed mistakenly conveyed five feet more than intended. The Kellers discovered the error in 1989 and sued for negligence in 1990. The trial court granted summary judgment for the title company on sta
• Gray v. Greyhound Ret. & Disability Tr.
  730 F. Supp. 415· M.D. Fla.· 1990-01-31 ·cited 1×
  The court held that the plaintiff's claim for recalculation of pension benefits was barred by the statute of limitations, as it accrued upon the final denial of his claim by the plan trustees.
• Key Haven Associated Enters., Inc. v. Fla. Dep't of Env't Prot.
  Fla. 1st DCA· 2026-08-26
  An inverse condemnation claim for a regulatory taking accrues and ripens when the government entity makes a final decision prohibiting the use, not when a subsequent permit application is denied; thus, Key Haven's claim accrued in the 1970s when the state halted dredge-and-fill w
• Gunther v. Morgan, Lewis & Bockius, LLP
  Fla. 2d DCA· 2026-07-08
  The finality accrual rule does not apply to aiding and abetting fraud and breach of fiduciary duty claims against a law firm that facilitated a tax shelter scheme. Once the Federal Circuit determined that the underlying tax shelter lacked economic substance and the partnership st
• Rabuck v. Pollack & Rosen, P.A.
  M.D. Fla.· 2025-10-14
  A debt collector violates the FDCPA's venue provision upon filing a lawsuit in an improper district, regardless of whether service has occurred, and the bona fide error defense is unavailable if the procedures to avoid error were not reasonably adapted to prevent the violation.
• Loper v. Watson
  N.D. Fla.· 2025-05-09
  The court held that the plaintiff's claims for unlawful stop, seizure, and false arrest were time-barred by the statute of limitations, and the malicious prosecution claim failed for failure to state a claim.
• Robinson v. W. Florida-PPH, LLC
  M.D. Fla.· 2024-10-23
  The court held that the plaintiff's third amended complaint failed to state claims for retaliation under Title VII, racial discrimination under § 1981, age discrimination under ADEA, ADA retaliation or failure to accommodate, Florida Whistleblower Act retaliation, or constructive
• Marcantonio v. Sansone
  Fla. 6th DCA· 2024-09-30
  Kenneth Marcantonio appealed the trial court's dismissal of multiple counts in his lawsuit against his sister and others, claiming they conspired to deprive him of his rightful share of his parents' trust estate. The appellate court reversed in part, finding that several counts d
• 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.
• Redding v. Coloplast Corp.
  104 F.4th 1302· 11th Cir.· 2024-06-20
  The Eleventh Circuit affirmed the district court's denial of Coloplast's motion for judgment as a matter of law, holding that the plaintiff's products liability claim was not time-barred under Florida's statute of limitations.
• Seneca Specialty Ins. Co. v. Jade Beach Condo. Ass'n, Inc.
  Fla. 3d DCA· 2024-04-03
  Seneca Specialty Insurance Company appealed the dismissal of its breach of contract action against an insured condominium association, alleging the association impaired Seneca's subrogation rights by settling with and releasing construction defect defendants. The Florida appellat
• Wainberg v. Mellichamp
  11th Cir.· 2024-02-21
  The court held that under precedent, the statute of limitations for a § 1985 conspiracy claim runs separately from each overt act, meaning claims arising from acts within the limitations period are timely.
• Sullenberger v. City of Coral Gables
  S.D. Fla.· 2024-01-24
  Sullenberger sued the City of Coral Gables and police officers under federal civil rights law after they arrested him at his home on December 2, 2017, when he was found holding a shotgun during a response to a burglar alarm. The district court dismissed his claims under 42 U.S.C.
• Doss v. Holder
  M.D. Fla.· 2023-09-28
  Surgret Doss sued several law enforcement officials and the City of Tampa, alleging conspiracy and malicious prosecution after a judge referred him to police for potential perjury during a foreclosure dispute, leading to his arrest and prosecution. The district court dismissed mo
• Zausner Foods Corp. v. Blandin
  S.D. Fla.· 2023-08-16
  The court held that the defendants' motion to dismiss should be denied because the plaintiff sufficiently pled its claims, has standing, and the court has personal jurisdiction over the defendants.
• Pinares v. United Techs. Corp.
  S.D. Fla.· 2023-04-10
  The court held that the Price-Anderson Act (PAA) preempts state law claims for injuries from radiological contaminants, and these claims are subject to Florida's four-year statute of limitations, which bars the plaintiffs' claims as untimely filed.
• Reyes v. Baptist Health S. Fla. Found., Inc.
  Fla. 3d DCA· 2023-03-29
  The appellate court reversed a summary judgment in a medical malpractice case, finding a genuine issue of material fact regarding when the statute of limitations began to run. The court emphasized that determining a plaintiff's knowledge of potential malpractice is a fact-specifi
• Lucas v. Ottinger
  M.D. Fla.· 2022-09-28
  The court held that the plaintiff's civil rights claim was time-barred because it accrued more than four years before the action was filed.
• Gratchev v. Gratchev
  S.D. Fla.· 2022-07-14
  The court held that genuine disputes of material fact precluded summary judgment on several claims, including those related to the Statute of Frauds and breach of oral contract, but granted summary judgment on claims concerning ownership of Boston Stars Hockey, LLC and derivative
• Boddison v. Gen. Motors LLC
  M.D. Fla.· 2021-06-30
  The court held that the plaintiffs have stated plausible causes of action sufficient to survive a partial motion to dismiss, allowing them an opportunity to prove their claims.
• OU v. Melnikov
  S.D. Fla.· 2021-06-10
  The court held that the statute of limitations barred the unreasonable search and seizure claim, supervisory liability claims against Truntz and Ortiz failed, and the malicious prosecution claim was inadequately pleaded. However, the statute of limitations did not bar the false a
• Doe No. 6 v. Sch. Bd. of Highlands Cnty. Fla.
  S.D. Fla.· 2021-01-26
  The court denied the defendant's motion for reconsideration and the plaintiff's renewed motion for partial summary judgment, finding that federal law governs the accrual of Title IX claims and that the plaintiff had not sufficiently demonstrated that a prior jury necessarily foun
• Covenant Baptist Church v. Vasallo Constr.
  273 So. 3d 236· Fla. 3d DCA· 2019-05-22
  This case clarifies when the statute of limitations begins to run for a leaking roof claim under Florida law. The court held that the clock starts when the owner has notice of the first leak, not when the specific cause is identified.
• Covenant Baptist Church v. Vasallo Constr.
  273 So. 3d 236· Fla. 3d DCA· 2019-05-22
  A cause of action for roof defects is barred by Florida's four-year statute of limitations when the property owner had notice of the first leak more than four years before filing suit.
• Otero v. Arcia
  264 So. 3d 1140· Fla. 5th DCA· 2019-02-22
  A litigation-related malpractice claim becomes ripe when the underlying judgment becomes final, which occurs upon expiration of the time for filing an appeal or postjudgment motions, or if an appeal is taken, upon affirmance and expiration of time for rehearing motions. Here, the
• Ventures Tr. 2013-I-Nh v. Johnson
  220 So. 3d 1227· Fla. 5th DCA· 2017-05-19
  Ventures Trust appealed a trial court's dismissal of its mortgage foreclosure complaint on statute of limitations grounds. The court affirmed, holding that the cause of action for a missed mortgage payment accrues on the day after payment is due, not when the lender accelerates t
• Connelly
  Del.· 2016-03-04
  The Delaware Supreme Court held that a claim against an insurer for acting in bad faith by failing to settle a third-party insurance claim accrues when an excess judgment against the insured becomes final and non-appealable. The Court reversed the Superior Court's dismissal of th
• MI Windows & Doors, LLC v. Liberty Mut. Fire Ins.
  M.D. Fla.· 2015-08-12
  The court held that the statute of limitations for MI Windows' Alabama bad faith failure-to-settle claim began to run when the Florida indemnity action's judgment became final, and that the litigation privilege did not bar MI Windows' Florida statutory bad faith claim for conduct
• Archer v. Connors
  857 F. Supp. 2d 1269· S.D. Fla.· 2014-02-26
  The court held that the statute of limitations for an FDCPA claim based on a deceptive notice served with a foreclosure complaint begins to run from the date of service, not the date of filing.
• Arrowood Indem. Co. v. Conroy
  134 So. 3d 1079· Fla. 4th DCA· 2014-01-08
  Arrowood appealed the dismissal of its legal malpractice claim against its former counsel, arguing the statute of limitations had not expired. The Fourth District Court of Appeal reversed, holding that the limitations period for litigation-related malpractice begins when the tria
• World Holdings, LLC v. Federal Republic of Germany
  794 F. Supp. 2d 1341· S.D. Fla.· 2011-08-22
  The court held that the statute of limitations for the bonds began to run at their maturity or validation dates, and that New York's 20-year statute of limitations does not apply because Germany is not a 'person' under the relevant statute and the bonds are secured by more than j