Statute Of Limitations Defense

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

• Major League Baseball v. Morsani
  790 So. 2d 1071· Fla.· 2001-07-12 ·cited 410×
  The Florida Supreme Court held that the doctrine of equitable estoppel is not precluded by Florida's statute of limitations statute (§ 95.051) because equitable estoppel operates on the party rather than tolling the statute itself. The case arose from a dispute involving alleged
• Reta L. McCANTS v. Ford Motor Co., Inc.
  781 F.2d 855· 11th Cir.· 1986-02-03 ·cited 74×
  The court held that the district court did not abuse its discretion by dismissing the case without prejudice, but remanded for the district court to consider imposing conditions on the dismissal.
• Griffin v. Workman
  73 So. 2d 844· Fla.· 1954-07-02 ·cited 70×
  The Florida Supreme Court reversed a trial court's dismissal of a wrongful death action brought by a father as administrator of his minor son's estate, holding that letters of administration granted after suit was filed relate back to the decedent's death, thereby validating the
• Fla. Dep't of Health & Rehabilitative Servs. v. S.A.P.
  835 So. 2d 1091· Fla.· 2002-11-27 ·cited 66×
  The Florida Supreme Court held that the doctrine of equitable estoppel can toll the statute of limitations in negligence actions against the state under section 768.28(13), even though the statute does not expressly mention equitable estoppel. The Court rejected the state's argum
• O'Keefe Architects, Inc. v. CED Constr. P'rs, Ltd.
  944 So. 2d 181· Fla.· 2006-10-19 ·cited 53×
  The Florida Supreme Court held that under the Florida Arbitration Code, a broad arbitration clause requiring arbitration of all disputes arising out of or relating to a contract includes the determination of statute of limitations defenses. The court resolved a conflict between t
• Payne v. Nicholson
  100 Fla. 1459· Fla.· 1930-12-11 ·cited 42×
  This case concerns whether a defendant can use a "recoupment" defense to reduce the amount owed on a promissory note based on an alleged agreement to credit an outstanding business account. The court held that such a defense is permissible, even if the account itself might be ind
• Strauss v. Douglas Aircraft Co.
  404 F.2d 1152· 2d Cir.· 1968-12-12 ·cited 40×
  The court held that the trial court abused its discretion by allowing the defendant to amend its answer to raise a statute of limitations defense due to the substantial prejudice caused by the defendant's excessive delay.
• R.J. Reynolds Tobacco Co. v. Diane Webb for the Estate of James Cayce Horner
  93 So. 3d 331· Fla. 1st DCA· 2012-04-09 ·cited 39×
  R.J. Reynolds Tobacco Company appealed a $79.2 million wrongful-death verdict in favor of Diane Webb as personal representative of her father's estate, who died of lung cancer allegedly caused by smoking RJR cigarettes. The court affirmed liability but vacated and remanded the da
• United States v. Weintraub
  613 F.2d 612· 6th Cir.· 1979-12-19 ·cited 32×
  The court held that serving a notice of levy on a third-party debtor within the statute of limitations period is sufficient to enforce collection of a tax, even if the subsequent legal proceeding occurs after the period has expired.
• Soffer v. R.J. Reynolds Tobacco Co.
  106 So. 3d 456· Fla. 1st DCA· 2012-10-24 ·cited 31×
  In this Engle-progeny wrongful death case, the court addresses whether class members can pursue punitive damages under negligence and strict liability theories, which were not timely asserted in the original Engle class action. The court holds that progeny plaintiffs cannot asser
• Agrofollajes, S.A. v. E.I. DU Pont de Nemours & Co., Inc.
  48 So. 3d 976· Fla. 3d DCA· 2010-12-01 ·cited 31×
  Costa Rican leatherleaf fern growers sued Du Pont alleging that Benlate fungicide damaged their crops. The trial court consolidated 27 separate claims into one trial, and the jury awarded identical damages to all plaintiffs. On appeal, the Third District reversed and remanded for
• Allan & Conrad, Inc. v. Univ. OF Cent. Fla.
  961 So. 2d 1083· Fla. 5th DCA· 2007-07-27 ·cited 31×
  Allan and Conrad, Inc. and its employees sought review of a trial court order denying their statute of limitations defense and granting partial summary judgment on statute of repose grounds in a construction defect case. The Florida appellate court dismissed the prohibition petit
• Bartmann v. Maverick Tube Corp. & Nucorp Supply, Inc.
  853 F.2d 1540· 10th Cir.· 1988-08-15 ·cited 28×
  The court held that a post-petition payment does not affect whether a debt was subject to a bona fide dispute on the petition filing date, and that a guaranty's language extending to successors and assigns is unambiguous. The court reversed the district court's order to grant the
• Maldonado v. Ramirez
  757 F.2d 48· 3d Cir.· 1985-03-06 ·cited 24×
  The court held that an attorney's knowledge of a bankruptcy proceeding is not automatically imputed to a client for discharge purposes if the notice was not clearly intended for that client or acquired during representation in the bankruptcy case itself.
• Kraft v. Zelda Pincourt Mason
  668 So. 2d 679· Fla. 4th DCA· 1996-02-28 ·cited 21×
  Mason lent money to her brother Kraft to finance federal antitrust litigation in exchange for a percentage of any recovery. When the suit settled for $5 million, Kraft withheld Mason's share. The trial court rejected champerty, usury, and statute of limitations defenses but misca
• Globe Constr. Co., Inc. v. Humphrey
  229 F.2d 148· 5th Cir.· 1956-01-31 ·cited 20×
  The court held that the district judge's order enforcing the Bureau of Internal Revenue subpoena was correct.
• State v. Earvin Smith
  241 So. 3d 53· Fla.· 2018-04-12 ·cited 18×
  The Florida Supreme Court held that a defendant must raise a statute-of-limitations defense at trial to preserve it for direct appeal, rather than raising it for the first time on appeal as fundamental error. The Court adopted the U.S. Supreme Court's reasoning from Musacchio v.
• Corbett v. Frank
  293 F.2d 501· 9th Cir.· 1961-07-19 ·cited 18×
  The court held that the district court correctly dismissed the taxpayers' suits seeking injunctions to remove tax liens and forbid further assessment, as IRC § 7421(a) generally prohibits such suits.
• Alropa Corp. v. McNamee
  143 Fla. 785· Fla.· 1940-07-23 ·cited 18×
  Alropa Corporation sued to enforce a mortgage covenant requiring payment of promissory notes. The Florida Supreme Court affirmed dismissal, holding that a covenant to pay sums 'payable by virtue of' the notes creates only a conditional obligation tied to the notes' enforceability
• AETNA Cas. & Sur. Co. v. The Protective Nat'l Ins. Co. of Omaha
  631 So. 2d 305· Fla. 3d DCA· 1993-10-26 ·cited 17×
  Aetna Casualty & Surety Company appeals a summary judgment holding it vicariously liable for an attorney's negligent failure to raise a statute of limitations defense, resulting in an $1.8 million judgment against the insured. The Florida Court of Appeals held that insurance comp
• United States v. Lumpkins
  845 F.2d 1444· 7th Cir.· 1988-05-03 ·cited 16×
  A guilty plea is not rendered involuntary by a defendant's potential confusion about a defense, especially when the court clarifies the burden of proof and the defense itself is implausible.
• Yablonski v. United Mine Workers of Am.
  448 F.2d 1175· D.C. Cir.· 1971-07-21 ·cited 16×
  The court held that the UMWA's regular outside counsel should be disqualified from representing the union in this derivative action due to its extensive representation of individual officers in related litigation, creating a potential conflict of interest.
• Crews v. Woods
  59 So.2d 526· Fla.· 1952-06-13 ·cited 15×
  The Supreme Court of Florida held that a plaintiff is not entitled to a non-suit as a matter of right when an adverse ruling, such as the statute of limitations, would preclude recovery under any circumstances. This decision clarifies the scope of non-suit rights in Florida.
• Sherwin Dorfman v. AETNA Life Ins. Co.
  342 So. 2d 91· Fla. 3d DCA· 1977-02-01 ·cited 14×
  An executor appeals a summary judgment dismissing the estate's counterclaim to recover over $10,000 in medical expenses under a major medical insurance policy. The appellate court reversed, holding that the policy's language 'required to pay' means 'obligated to pay,' and thus Ae
• Elwin H. v. Reeves, Jr.
  314 F.2d 438· 6th Cir.· 1963-03-13 ·cited 14×
  A statute of limitations defense cannot be raised for the first time on appeal if it was not pleaded in the Tax Court, absent specific exceptions not present here.
• The Punta Gorda Bank v. The State Bank of Fort Meade
  52 Fla. 399· Fla.· 1906-06-01 ·cited 14×
  The Punta Gorda Bank sued The State Bank of Fort Meade on a written guaranty of securities transferred when Fort Meade's branch bank was reorganized as an independent corporation in Punta Gorda. The defendant demurred, and the trial court dismissed the case. The Florida Supreme C
• Suk C. Kim v. Jung Hyun Chang
  249 So. 3d 1300· Fla. 2d DCA· 2018-06-27 ·cited 13×
  A plaintiff claiming intentional infliction of emotional distress must prove both that she suffered emotional distress and that such distress was severe—meaning of such intensity or duration that no reasonable person should be expected to endure it. Evidence of the defendant's ou
• Consumers Petroleum Co. v. Texaco, Inc.
  804 F.2d 907· 6th Cir.· 1986-10-28 ·cited 13×
  The court held that the district court erred in finding the action barred by the statute of limitations and that the PMPA does not preempt all common law tort or misrepresentation claims.
• Cohen v. Philip Morris USA, Inc.
  203 So. 3d 942· Fla. 4th DCA· 2016-09-07 ·cited 12×
  David Cohen, representing his deceased wife Helen's estate, appealed a trial court's directed verdict in favor of Philip Morris on causation and an order granting defendants a new trial based on plaintiff's counsel's improper closing arguments. The Fourth District affirmed the ne
• Beaman v. MacO Caribe, Inc.
  790 F. Supp. 2d 1371· S.D. Fla.· 2011-06-13 ·cited 12×
  The court held that the doctrine of forum non conveniens warranted dismissal of the case in favor of an alternative forum in Mexico.
• Echeverria v. State
  949 So. 2d 331· Fla. 1st DCA· 2007-02-26 ·cited 12×
  David Echeverria appealed the denial of his motion to withdraw a guilty plea and a motion to correct an illegal sentence. The court reversed and remanded because the trial court violated the plea agreement by sentencing him to five years imprisonment plus five years probation (ex
• Jane DOE I and Jane Doe II v. Malicki
  771 So. 2d 545· Fla. 3d DCA· 2000-07-26 ·cited 12×
  Two women sued St. David Catholic Church and the Archdiocese of Miami for damages from sexual assaults by a priest, claiming negligent hiring and supervision, respondeat superior, and breach of implied contract. The trial court dismissed the claims on First Amendment grounds, but
• Marschel v. Dean Witter Reynolds, Inc.
  609 So. 2d 718· Fla. 2d DCA· 1992-12-02 ·cited 12×
  In this interlocutory appeal, the Florida Second District Court of Appeal reversed a trial court's order granting a temporary injunction that stayed arbitration proceedings. The court held that under the Federal Arbitration Act, statute of limitations defenses should be decided b
• United States v. Atkinson
  748 F.2d 659· Fed. Cir.· 1984-11-16 ·cited 12×
  The Court of Appeals affirmed the denial of St. Paul's motions, holding that the filing of a Rule 60(b) motion does not toll the time for filing an appeal and that St. Paul's appeal was frivolous.
• Vaughan B. Connelly v. Fla. Nat'l Bank OF Jacksonville
  120 So. 2d 647· Fla. 2d DCA· 1960-04-27 ·cited 11×
  The Florida National Bank, as administrator of Allie M. Harvey's estate, sued Vaughan B. Connelly for unpaid debts allegedly secured by promissory notes and mortgages. The case involved claims of fraud and conversion by the deceased executor, Riley A. Gwynn, and Connelly's allege
• Nicolaos Ikospentakis v. Thalassic S.S. Agency & Kyriakos Zervos
  915 F.2d 176· 5th Cir.· 1990-10-25 ·cited 10×
  The district court abused its discretion by granting a voluntary dismissal without prejudice, as it effectively stripped the defendants of their forum non conveniens defense, which is unavailable in Louisiana state courts.
• CASA Inv. Co., Inc. v. Marcel Nestor
  8 So. 3d 1219· Fla. 3d DCA· 2009-04-29 ·cited 8×
  The appellate division's decision affirming summary judgment based on an oral motion violated essential requirements of law by depriving the non-moving party of due process.
• Denestan v. Miami-Dade Cnty.
  789 So. 2d 515· Fla. 1st DCA· 2001-07-13 ·cited 8×
  This case concerns whether an employer/carrier's late filing of a notice of denial in a workers' compensation claim prevents them from asserting the statute of limitations as a defense. The court held that a late filing does not preclude this defense.
• Willoughby v. Dowda AND Fields
  643 So. 2d 1098· Fla. 5th DCA· 1994-07-29 ·cited 8×
  Willoughby appealed a summary judgment that barred his legal malpractice counterclaim against his former attorney Fields based on the statute of limitations. The court reversed, holding that the statute of limitations had not expired and that Willoughby was entitled to assert his
• United States v. Heard Sneed and Willie Inez Sneed
  620 So. 2d 1093· Fla. 1st DCA· 1993-06-28 ·cited 8×
  The appellate court reversed the trial court's order disbursing surplus foreclosure proceeds to the owner, finding the United States' claim as a junior lienholder superior and not barred by the statute of limitations due to reserved jurisdiction.
• Spurlock v. The Honorable Michael F. Cycmanick
  584 So. 2d 1015· Fla. 5th DCA· 1991-06-20 ·cited 8×
  Anthony Spurlock sought a writ of prohibition to prevent trial on a felony aggravated battery charge, arguing that a prior dismissal of misdemeanor battery charges on speedy trial grounds barred prosecution for the greater offense based on the same conduct. The Florida Fifth Dist
• Francis H. Ameel d.b.n. Estate of Mary E. Ameel v. United States
  426 F.2d 1270· 6th Cir.· 1970-06-03 ·cited 8×
  A voluntary remittance made with the intent to satisfy a proposed deficiency, even if asserted by an agent, constitutes 'payment' for the purpose of the statute of limitations on refund claims.
• Everhart v. State Life Ins. Co.
  154 F.2d 347· 6th Cir.· 1946-04-02 ·cited 8×
  The court held that the district judge erred in setting aside the jury's verdict for the plaintiff, as there was substantial evidence to support the finding of total and permanent disability despite the plaintiff's intermittent work.
• Salvatore Ambrogio & Rosemarie Ambrogio v. Marceline McGuire
  247 So. 3d 73· Fla. 2d DCA· 2018-05-11 ·cited 7×
  It is reversible error to grant summary judgment on a ground not raised with particularity in the motion for summary judgment. A motion for summary judgment must state with particularity the grounds on which it is based and the substantial matters of law to be argued, and a gener
• R.J. Reynolds Tobacco Co. v. Jewett
  106 So. 3d 465· Fla. 1st DCA· 2012-11-02 ·cited 7×
  In this tobacco wrongful death case, the First District Court of Appeal reversed the trial court's refusal to give a defendant-proposed jury instruction clarifying that the statute of limitations begins when a disease manifests itself, not when formally diagnosed. The court held
• THE Florida BAR v. Adorno
  60 So. 3d 1016· Fla.· 2011-04-21 ·cited 7×
  The Florida Bar disciplined attorney Henry Nissim Adorno for breaching fiduciary duties owed to a putative class of property owners in a class-action lawsuit against the City of Miami. Adorno settled the case for $7 million on behalf of only seven named plaintiffs with individual
• Aquatic Plant Mgmt., Inc. v. Paramount Eng'g, Inc.
  977 So. 2d 600· Fla. 4th DCA· 2007-11-28 ·cited 7×
  This case addresses whether an unpaid subcontractor on a public project can claim against a payment bond when it furnished specially fabricated materials that were never delivered to the site or incorporated into the project. The court held that the Florida Statutes' public payme
• Beverly Enterprises-Florida, Inc. v. Lane
  855 So. 2d 1172· Fla. 5th DCA· 2003-10-03 ·cited 7×
  Beverly Enterprises sought certiorari review of a trial court's order reinstating a nursing home negligence action that had been previously dismissed for failure to prosecute. The appellate court denied the petition, holding that an order denying a motion to dismiss for lack of p
• Byrd v. State
  730 So. 2d 382· Fla. 3d DCA· 1999-03-31 ·cited 7×
  Gregory Byrd appeals the denial of his postconviction relief motion challenging both his conviction for aggravated battery with a firearm and his guilty plea to firearm possession by a convicted felon. The court affirmed the denial regarding the firearm possession count but rever
• Knaysi v. A. H. Robins Co.
  679 F.2d 1366· 11th Cir.· 1982-07-09 ·cited 7×
  The court held that genuine issues of material fact existed regarding equitable estoppel, precluding summary judgment.