Statute Of Limitations Defense

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

• Brickell Biscayne Corp. v. Morse/Diesel
  683 So. 2d 168· Fla. 3d DCA· 1996-11-06 ·cited 6×
  The court affirmed the dismissal of some claims asserted by a condominium developer against an architect and construction manager, but reversed the dismissal of others, including common law indemnity and assigned claims.
• Wilkerson v. Alachua Cnty.
  675 So. 2d 951· Fla. 1st DCA· 1996-03-19 ·cited 6×
• Liberty Mut. Ins. Co. v. Fuchs Baking Co. & John Gandy
  577 So. 2d 603· Fla. 1st DCA· 1991-03-11 ·cited 6×
  Liberty Mutual Insurance appeals a workers' compensation order awarding permanent total disability benefits to a claimant who suffered a lumbosacral sprain in 1975. The appellate court affirms, rejecting Liberty Mutual's statute of limitations defense, staleness claim, and argume
• Manzoli v. Commissioner OF Internal Revenue
  904 F.2d 101· 1st Cir.· 1990-05-22 ·cited 6×
  The court held that the Tax Court did not err in sustaining tax deficiencies assessed against the taxpayers, nor did it abuse its discretion in denying motions for continuance and leave to amend.
• Loral Elecs. Corp. v. The United States
  409 F.2d 578· Ct. Cl.· 1969-04-11 ·cited 6×
  The court held that the plaintiff's petition was limited to five specific contracts and could not be amended to include other contracts, nor could damages be awarded for claims arising from those other contracts.
• Roberts v. Hunter
  140 F.2d 38· 10th Cir.· 1943-11-16 ·cited 6×
  The court held that Internal Revenue documentary stamps are 'obligations' of the United States under the relevant statute, and that the statute of limitations and denial of counsel claims are not reviewable on habeas corpus.
• Greene v. Union Mut. Life Ins. Co. OF Am.
  764 F.2d 19· 1st Cir.· 1985-06-06 ·cited 5×
  The court held that the district court erred in dismissing the entire complaint, as the defendant did not request such broad dismissal and the court lacked the power to do so under the local rule invoked. The court also held that the district court applied the wrong standard in d
• Cartagena v. State
  125 So. 3d 919· Fla. 4th DCA· 2013-05-08 ·cited 4×
  Cartagena was charged with armed sexual battery and armed burglary occurring in 1996 but prosecuted in 2008 after a DNA match. The trial court refused to allow him to waive his statute of limitations defense as to lesser-included offenses of the sexual battery charge, even though
• Gulfstream Press, Inc. v. Acle
  697 So. 2d 213· Fla. 1st DCA· 1997-07-22 ·cited 4×
  Gulfstream Press and Chubb Group of Insurance Companies appealed an order denying their statute of limitations defense to an employee's claim for future medical treatment under workers' compensation. The court reversed, holding that the two-year statute of limitations under Flori
• McCORT v. Southland Corp. & Kemper Grp.
  543 So. 2d 232· Fla. 1st DCA· 1988-12-13 ·cited 4×
  An employer and carrier are estopped from invoking the statute of limitations defense in a workers' compensation claim when their failure to notify the claimant of her benefits and rights under the Workers' Compensation Act has effectively lulled her into complacency.
• Diaz v. The Pub. Health Tr. OF Dade Cnty.
  492 So. 2d 1082· Fla. 3d DCA· 1986-06-03 ·cited 4×
  The Florida District Court of Appeal reversed a trial court's dismissal of a medical malpractice action for failure to prosecute, holding that the court abused its discretion by waiting eleven months to vacate a stay order and dismiss the case after plaintiffs had relied on the s
• Westinghouse Elec. Corp. v. Dale
  439 So. 2d 989· Fla. 1st DCA· 1983-10-26 ·cited 4×
  Westinghouse Electric Corporation appeals a workers' compensation order requiring it to pay past medical bills from a 1978 award. The court reversed, holding that the claim for past medical bills was barred by the two-year statute of limitations under Florida workers' compensatio
• Farmers & Merchs. Mut. Fire Ins. Co. v. Pulliam
  481 F.2d 670· 10th Cir.· 1973-07-13 ·cited 4×
  The court held that Reliance and Price, Inc. were indistinguishable and estopped from denying liability for an unpaid settlement draft, affirming the judgment against them.
• R. O'Dell & Sons Co., Inc. v. Commissioner of Internal Revenue
  169 F.2d 247· 3d Cir.· 1948-07-19 ·cited 4×
  The court held that the taxpayer realized taxable income in 1940 from a mortgage foreclosure and sale, as the transaction was not complete until the statutory period for deficiency judgments expired.
• Olsen v. Philip Morris USA, Inc.
  343 So. 3d 172· Fla. 3d DCA· 2022-07-27 ·cited 3×
  In this tobacco litigation case arising under the Engle progeny framework, Rosemary Olsen appealed a jury verdict in favor of Philip Morris USA, Inc. The jury found that decedent Harry Olsen's addiction to nicotine cigarettes was not a legal cause of his atherosclerotic coronary
• Onica Grazette v. Magical Cruise Co. Ltd.
  280 So. 3d 1120· Fla. 5th DCA· 2019-10-10 ·cited 3×
  Onica Grazette appealed a summary judgment dismissing her maritime tort claims against Disney Cruise Line based on a three-year statute of limitations. The court affirmed dismissal of her negligence, unseaworthiness, and medical treatment claims as time-barred but reversed and re
• Mathis v. State
  204 So. 3d 104· Fla. 1st DCA· 2016-11-14 ·cited 3×
  The court affirmed the conviction but the concurring opinion argued that the State charged the appellant with offenses outside the statute of limitations.
• Luis R. Pagan, M.D. & Luis R. Pagan, M.D., P.A. v. Smith
  705 So. 2d 1034· Fla. 3d DCA· 1998-02-11 ·cited 3×
  Dr. Pagan appeals a trial court order striking his pleadings for failure to comply with medical malpractice presuit investigation requirements under Florida law. The court reversed, holding that the harsh sanction of striking pleadings was an abuse of discretion where the defenda
• Roberson v. ST. Johns Cnty. Sch. Bd. & Specialty Risk Servs., Inc.
  973 So. 2d 598· Fla. 1st DCA· 2008-01-23 ·cited 2×
  Patricia Roberson challenged the denial of her workers' compensation benefits after her employer/carrier failed to notify her of a doctor's ten percent permanent impairment rating, instead leaving her with notice of a zero percent rating. The Florida District Court of Appeal reve
• Health Central v. Edwige Cesar
  752 So. 2d 97· Fla. 1st DCA· 2000-02-28 ·cited 2×
• Tauben v. Joe's Stone Crabs, Inc.
  632 So. 2d 102· Fla. 1st DCA· 1994-02-07 ·cited 2×
  The court held that the judge of compensation claims erred by failing to adequately address the statute of limitations defense in light of the claimant's incarceration.
• In re Softwaire Ctr. Int'l, Inc. v. Gov't Tech. Servs., Inc.
  994 F.2d 682· 9th Cir.· 1993-09-15 ·cited 2×
  The court held that 11 U.S.C. § 546(a), a bankruptcy statute of limitations, applies to debtors in possession.
• THE Oaks & Cigna Prop. & Cas. v. Paulk
  557 So. 2d 219· Fla. 1st DCA· 1990-02-26 ·cited 2×
• Reyes v. State
  554 So. 2d 625· Fla. 3d DCA· 1989-12-26 ·cited 2×
• Raymond v. Rapid Express Parcel Delivery OF Tampa & Claims Ctr.
  548 So. 2d 278· Fla. 1st DCA· 1989-09-01 ·cited 2×
  The employer/carrier is estopped from asserting the statute of limitations defense when they mislead the claimant about workers' compensation coverage, causing them to miss the filing deadline.
• Home Indem., Inc. v. Floyd Beck Trucking, Inc.
  533 So. 2d 317· Fla. 5th DCA· 1988-11-10 ·cited 2×
  Home Indemnity appeals an attorney's fee award under Florida Statute 57.105 after filing a third lawsuit against Floyd Beck Trucking for unpaid premiums from 1973-1974, despite the statute of limitations defense being apparent and having been raised in two prior dismissed suits.
• Stevens v. City OF Miami & Robert D. Krause
  500 So. 2d 305· Fla. 3d DCA· 1986-12-30 ·cited 2×
  Police officers who accepted a settlement in a federal reverse discrimination lawsuit and signed a release of all claims against the City of Miami later sought back pay for the period they were bypassed for promotion. The court affirmed summary judgment against them, holding that
• Reta L. McCANTS v. Ford Motor Co., Inc.
  789 F.2d 1539· 11th Cir.· 1986-05-27 ·cited 2×
  The court held that the district court did not err in imposing conditions on the dismissal of the plaintiff's action without prejudice.
• Fuchs Baking Co. & Emp'rs Serv. Corp. v. Worley
  465 So. 2d 650· Fla. 1st DCA· 1985-03-22 ·cited 2×
  In this workers' compensation appeal, Fuchs Baking Company and Employers Service Corporation challenged an award to employee Johnny Worley for compensation and medical benefits arising from a February 1978 workplace accident. The appellate court affirmed most of the deputy commis
• Indus. Risk Insurers v. Creole Prod. Servs., Inc.
  746 F.2d 526· 9th Cir.· 1984-10-30 ·cited 2×
  An insurer or guarantor cannot recover in implied indemnity when its liability arises solely from its contractual obligation to insure or guarantee against payment, rather than from its own fault.
• The Oceanic S.S. Co. v. The United States
  586 F.2d 774· Ct. Cl.· 1978-10-18 ·cited 2×
  The court held that the Maritime Administration's (MARAD) determination of subsidy rates was arbitrary and capricious, and procedurally defective, entitling the plaintiff to recover higher subsidy rates for the years 1962-1968.
• Roehner v. Atl. Coast Dev. Corp.
  353 So. 2d 925· Fla. 4th DCA· 1978-01-04 ·cited 2×
  The court reversed the trial court's denial of a motion to dismiss an equitable lien foreclosure action where the statute of limitations defense appeared on the face of the complaint.
• Blue Water Coast Servs., LLC v. Maize
  385 So. 3d 150· Fla. 4th DCA· 2024-04-17 ·cited 1×
  In this appeal and cross-appeal, the Fourth District Court of Appeal reversed the trial court's decision to grant a new trial based on a finding of an inconsistent jury verdict. The court held that the jury's findings—that the plaintiff proved his deed rescission claim but that t
• Arch Ins. Co. v. Kubicki Draper, LLP
  318 So. 3d 1249· Fla.· 2021-06-03 ·cited 1×
  An insurer has standing to maintain a legal malpractice action against counsel hired to represent its insured where the insurer is contractually subrogated to the insured's rights under the insurance policy. Contractual subrogation allows the insurer to step into the shoes of the
• Five Seas Invs. v. Guzman
  258 So. 3d 569· Fla. 3d DCA· 2018-11-28 ·cited 1×
  An easement agreement granting air rights must be interpreted according to contract interpretation rules, giving effect to plain meaning and explicit limitations. The agreement here limited air rights to a specific elevation range (+45.75 to +115.00 feet), and balconies extending
• Demond Mansfield v. R.J. Reynolds Tobacco Co.
  230 So. 3d 181· Fla. 5th DCA· 2017-11-03 ·cited 1×
  A clerk's date stamp creates a rebuttable presumption of the filing date, but where competent substantial evidence shows the document was actually received by the clerk within the jurisdictional deadline despite a later stamp, the case must be remanded for an evidentiary hearing
• City OF N. BAY Village/Florida Mun. Ins. Trust/Florida League of Cities, Inc. v. Guevara
  129 So. 3d 1100· Fla. 1st DCA· 2013-11-06 ·cited 1×
  The court held that the Judge of Compensation Claims erred in finding the Employer/Carrier was estopped from asserting the statute of limitations defense.
• George Panagakos, M.D. v. Erel Laufer, M.D.
  779 So. 2d 296· Fla. 2d DCA· 1999-03-26 ·cited 1×
  A physician petitioned for a writ of certiorari or prohibition to quash a trial court's denial of his motion to dismiss a defamation complaint, arguing the complaint was barred by statute of limitations and that any defamatory statements were privileged. The Florida appellate cou
• Colas v. Lexington Nat'l Ins. Corp.
  Fla. 3d DCA· 2026-05-13
  A party moving for summary judgment on statute of limitations grounds must conclusively show through record evidence that no genuine issue of fact exists regarding when the limitations period expired; bare assertions without supporting materials do not satisfy this burden.
• Derrel Leonard Thomas v. Judge Pamela Vergara
  M.D. Fla.· 2025-12-02
  The court held that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine and personal jurisdiction over Chase Bank due to improper service, thus dismissing the complaint.
• Muhssen v. Key W. Express, LLC
  M.D. Fla.· 2025-09-02
  The court denied the defendant's motion to dismiss, declining to convert it to a motion for summary judgment on an undeveloped record.
• Final Expense Direct v. Python Leads, LLC
  M.D. Fla.· 2025-05-30
  The court held that a defendant's reliance on settlement discussions and the presentation of several potential defenses constitute good cause to vacate a clerk's default.
• Arlen House Condo. Ass'n, Inc. v. Rockhill Ins. Co.
  S.D. Fla.· 2024-01-08
  The court granted plaintiffs' motion for leave to amend their complaint to add a party defendant and extended discovery deadlines.
• Stephen v. Schmidt
  357 So. 3d 208· Fla. 2d DCA· 2023-02-08
  The appellate court reversed a foreclosure judgment and attorney's fee award, holding that the trial court lacked jurisdiction to allow an amended complaint in a case that had already reached a final judgment and had its appeal concluded. The court certified conflict with another
• Marcario v. State
  Fla. 2d DCA· 2021-08-13
  The appellate court reversed a conviction for attempted robbery with a firearm, finding that the amended charges were filed outside the statute of limitations. The court held that the defendant's trial counsel rendered ineffective assistance by failing to raise this defense, whic
• Braunstein v. Marsh Landing Cmty. Ass'n at Estero, Inc.
  M.D. Fla.· 2020-03-26
  The court denied the plaintiff's motion to strike the defendant's affirmative defenses, finding they were sufficiently plead to provide notice.
• Sword v. Dolphin Moving Sys., Inc.
  M.D. Fla.· 2020-01-03
  The court held that defendants' claimed miscommunication and lack of diligence did not constitute excusable neglect to set aside a default judgment.
• Durrance v. R. J. Reynolds Tobacco Co.
  Fla. 2d DCA· 2019-06-26
  R.J. Reynolds failed to establish its statute of limitations defense because it presented no evidence that the deceased's COPD had manifested itself to her before the limitations period; the company's attempt to infer undetected symptoms from a 1993 pulmonary test was speculative
• Earvin Smith v. State
  Fla. 3d DCA· 2019-06-26
• Hortensia Martin v. Jorge Jose Sowers, M.D.
  231 So. 3d 559· Fla. 3d DCA· 2017-08-30
  A medical malpractice case where a radiologist failed to communicate a suspected breast cancer diagnosis in 2008, resulting in delayed discovery of metastatic cancer in the patient's bones in 2010. The appellate court reversed the jury verdict, holding that the trial court erred