Statute Of Limitations Defense

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

• Riverwood Nursing Ctr., LLC v. Gilroy
  219 So. 3d 996· Fla. 1st DCA· 2017-06-06
  Riverwood Nursing Center sued its former attorney Gilroy for legal malpractice after he failed to timely request a hearing on an administrative complaint, resulting in loss of the nursing center's license. The trial court granted summary judgment for Gilroy based on the statute o
• Brock v. Garner Window & Door Sales, Inc
  187 So. 3d 294· Fla. 5th DCA· 2016-03-04
  Section 95.11(3)(c), Florida Statutes, providing a four-year limitations period for actions founded on construction of improvements to real property, applies to this window installation dispute, and an unlicensed contractor may assert the statute of limitations defense despite la
• State v. Hunt
  165 So. 3d 868· Fla. 1st DCA· 2015-06-24
  The Florida Agency for Health Care Administration (AHCA) appealed an order excusing the Hunts from repaying Medicaid expenses. The appellate court reversed, holding that the administrative law judge's role was to determine the reimbursement amount, not to consider a statute of li
• Childers v. Clay Cnty. Bd. of Cnty. Commissioners/Scibal Assocs.
  128 So. 3d 201· Fla. 1st DCA· 2013-12-10
  A workers' compensation claimant appealed the denial of two petitions for benefits as time-barred. The court affirmed denial of the first petition because the employer timely asserted the statute of limitations defense, but reversed denial of the second petition because the emplo
• Trapper John Animal Control, Inc. v. Lawrence M. Gilliard, M.D.
  96 So. 3d 461· Fla. 5th DCA· 2012-08-31
  Trapper John Animal Control sought contribution from Dr. Gilliard under Florida's Uniform Contribution Among Tortfeasors Act following settlement of a wrongful death action. The court held that Trapper John's initial settlement release with the estate did not extinguish Dr. Gilli
• Branham v. TMG Staffing Servs.
  994 So. 2d 1172· Fla. 1st DCA· 2008-10-22
  The court affirmed the Judge of Compensation Claims' ruling that the appellant failed to prove they did not receive notice of the statute of limitations, finding any error in the standard applied was harmless.
• Gilman Timberland & Land Dev. Co. v. Sondra G. Gilman
  798 So. 2d 7· Fla. 1st DCA· 2001-09-06
  Gilman Timberland appeals a judgment on appellee's counterclaim for breach of a timber cutting and reforestation contract. The appellate court affirmed, holding that the counterclaim was a compulsory counterclaim in recoupment not barred by the statute of limitations under Allie
• O'Connor v. State
  785 So. 2d 758· Fla. 1st DCA· 2001-06-05
• Lillard v. Meyerson
  711 So. 2d 1328· Fla. 2d DCA· 1998-06-10
  Lillard appeals a judgment on the pleadings dismissing his cross-claims against Meyerson in a foreclosure action. The court reverses, holding that Meyerson's belated challenge to the propriety of the cross-claims was procedurally improper and that the claims were permissible cros
• Burton J. Levine and Roy G. Levine v. Levine
  648 So. 2d 1228· Fla. 4th DCA· 1995-01-18
  The court held that the trial court erred in denying partnership dissolution and granting summary judgment on fraud and civil theft counts, as the partnership agreement required unanimous consent for extension and material fact issues remained.
• Home Health Servs. & Selective Ins. Co. v. Chattie Fields
  632 So. 2d 271· Fla. 1st DCA· 1994-02-23
• Wylie v. Inv. Mgmt. & Research Inc.
  629 So. 2d 898· Fla. 4th DCA· 1993-11-24
  The Fourth District Court of Appeal held that under the Federal Arbitration Act, arbitrators rather than courts must decide whether a claim is time-barred under NASD Code § 15, a procedural limitation on submission to arbitration. The court resolved conflicting precedent within t
• Daugherty v. Dean Witter Reynolds, Inc.
  618 So. 2d 802· Fla. 2d DCA· 1993-06-04
• August C. Paniello v. Oakley G. Smith
  606 So. 2d 626· Fla. 3d DCA· 1992-07-14
  Direct, positive, and uncontradicted testimony by defendant Smith that he had fully repaid the obligation and that plaintiff's possession of the document was inconsistent with repayment establishes, as a matter of law, that repayment was made; circumstantial evidence based on pos
• Kassin v. Sec'y OF Health & Human Servs.
  945 F.2d 114· 6th Cir.· 1990-12-19
  The court held that the Secretary properly reopened a prior decision to assess an overpayment of social security benefits because the reopening occurred within the four-year statutory period with good cause, based on new and material evidence.
• Karr v. Palm Peterbilt-Gmc Trucks, Inc.
  551 So. 2d 1278· Fla. 4th DCA· 1989-11-15
• Swanson v. W. Publ'g Co.
  869 F.2d 1104· 8th Cir.· 1989-03-13
  The appeal is moot because subsequent events have resolved the underlying dispute, rendering the court's decision on the jurisdictional issue inconsequential.
• The Hartford Accident & Indem. Co. v. L & T, Inc.
  455 So. 2d 1074· Fla. 1st DCA· 1984-09-05
  Hartford seeks to enforce an oral settlement agreement with appellees for payment of insurance premiums owed. The trial court granted summary judgment for appellees based on statute of frauds violations, but the appellate court reversed, finding disputed factual issues precluded
• Jenkins v. Frazier
  400 So. 2d 150· Fla. 2d DCA· 1981-06-19
  The Jenkinses sued Frazier and H.H. Pate Excavating alleging that groundwater pumping and excavation work lowered water levels on their catfish farm property. The trial court granted summary judgment dismissing the suit as time-barred because the amended complaint was filed after
• Flynn v. Miami Bridge Co.
  11 Fla. Supp. 127· Fla. Industrial Comm'n· 1957-09-27
  The carrier is estopped from asserting the statute of limitations defense because its actions and those of its authorized physician lulled the claimant into a false sense of security regarding his permanent disability.