Tolling Of Statute Of Limitations

2,208 Florida cases classified under this topic, plus 1,245 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Davis v. Fed. Deposit Ins. Corp.
  620 F.2d 489· 5th Cir.· 1980-06-30 ·cited 19×
  The court held that while the agreement created a security interest, the alleged nondisclosures were not material for rescission purposes under the Truth-in-Lending Act.
• United States for the Use & Benefit of Harvey Gulf Int'l Marine, Inc. v. Md. Cas. Co.
  573 F.2d 245· 5th Cir.· 1978-05-19 ·cited 19×
  The court should not remand a case solely on improper venue if no prejudice resulted to the defendant.
• Valley Cement Indus., Inc. v. Midco Equip. Co.
  570 F.2d 1241· 5th Cir.· 1978-04-06 ·cited 19×
  The court held that the plaintiff's suit on a credit memorandum was barred by the statute of limitations because the cause of action accrued more than six years prior to the filing of the suit.
• Humble v. Foreman
  563 F.2d 780· 5th Cir.· 1977-11-23 ·cited 19×
  The court held that the plaintiff's civil rights action was barred by judicial and prosecutorial immunity and the statute of limitations.
• Zelson v. Thomforde
  412 F.2d 56· 3d Cir.· 1969-06-13 ·cited 19×
  The court held that a defendant waives objections to personal jurisdiction if not timely raised, even if the court dismisses sua sponte on other grounds.
• Davis v. Combination Awning & Shutter Co.
  62 So. 2d 742· Fla.· 1953-01-09 ·cited 19×
  In this workers' compensation case on its second appearance before the Florida Supreme Court, Davis challenged the Circuit Court's denial of his petition to reopen his compensation claim based on alleged perjured testimony. The Court held that the one-year statutory period for re
• Clemons v. Comm'r, Ala. Dep't of Corr.
  967 F.3d 1231· 11th Cir.· 2020-07-30 ·cited 18×·via Equitable Tolling
  Eugene Clemons, convicted of capital murder of a federal DEA agent, sought federal habeas relief on thirty-two claims after the Supreme Court decided in Atkins v. Virginia that executing intellectually disabled persons violates the Eighth Amendment. The Eleventh Circuit affirmed
• United States v. Montano
  398 F.3d 1276· 11th Cir.· 2005-02-04 ·cited 18×·via Equitable Tolling
  The Eleventh Circuit held that bartering drugs for guns does not constitute "use" of a firearm under 18 U.S.C. § 924(c), as the statute requires active employment of the firearm, which is absent when a defendant merely receives a firearm in exchange for drugs. The court further h
• Alexander v. Suncoast Builders, Inc.
  837 So. 2d 1056· Fla. 3d DCA· 2002-12-26 ·cited 18×
  Homeowners appealed the dismissal of their construction defect suit against a contractor and subcontractor based on the statute of limitations. The court reversed, holding that the defects were not latent and therefore the limitations period ran from abandonment of construction i
• McINTYRE v. Seminole Cnty. Sch. Bd.
  779 So. 2d 639· Fla. 5th DCA· 2001-03-09 ·cited 18×·via Equitable Tolling
  Lawrence McIntyre, Sr., a school transportation manager, was suspended and terminated by the Seminole County School Board after testing positive for drugs. The Fifth District Court of Appeal reversed the termination and remanded for an administrative hearing, finding the School B
• Hosp. Constructors Ltd. v. Lefor
  749 So. 2d 546· Fla. 2d DCA· 2000-01-07 ·cited 18×
  Hospital Constructors Ltd. appealed a trial court's dismissal of all claims against the Lefors for unpaid medical services provided in 1990. The court held that claims against Mr. Lefor were barred by the four-year statute of limitations for non-written contracts, but reversed th
• DOE v. Norbert Dorsey
  683 So. 2d 614· Fla. 5th DCA· 1996-11-22 ·cited 18×
  A man sued the Diocese of Orlando and its bishop for negligently hiring or retaining a priest who sexually abused him as a minor and continued a sexual relationship with him into adulthood. The court affirmed dismissal, holding that the negligence claim based on childhood abuse w
• Mangoni v. Robert Temkin, D.O.
  679 So. 2d 1286· Fla. 4th DCA· 1996-09-25 ·cited 18×
  In this medical malpractice appeal, the court reversed summary judgment and held that a physician's failure to disclose a known adverse medical condition to a patient can constitute 'concealment' under Florida's statute of repose, even when that failure to disclose is itself the
• State v. Watkins
  685 So. 2d 1322· Fla. 2d DCA· 1996-02-23 ·cited 18×
  Prosecution is commenced only when an indictment or information is filed and the capias is executed without unreasonable delay; arrest and notice of charges alone do not commence prosecution under the current statute of limitations.
• Martin v. Consultants & Administrators
  966 F.2d 1078· 7th Cir.· 1992-06-18 ·cited 18×·via Equitable Tolling
• Tanner v. Ellie M. Hartog, M.D.
  593 So. 2d 249· Fla. 2d DCA· 1992-01-03 ·cited 18×
  Parents of a stillborn child filed a medical malpractice action against the physicians and hospital involved in the delivery. The trial court dismissed the complaint as barred by Florida's two-year statute of limitations for medical malpractice. The appellate court affirmed, hold
• Hiram Amburgey v. Corhart Refractories Corp., Inc.
  936 F.2d 805· 5th Cir.· 1991-07-26 ·cited 18×·via Equitable Tolling
  The court held that the plaintiff failed to raise a genuine issue of material fact regarding pretext in his age discrimination claim, even though he established a prima facie case.
• Pub. Interest Research Grp. OF NEW Jersey, Inc. v. Powell Duffryn Terminals Inc.
  913 F.2d 64· 3d Cir.· 1990-08-20 ·cited 18×
  The court held that the plaintiffs' alleged injuries were not sufficiently traceable to the defendant's specific discharge to establish constitutional standing, despite the defendant's egregious pollution record.
• Trial v. Atchison
  896 F.2d 120· 5th Cir.· 1990-03-12 ·cited 18×
  The court held that employees' claims against the railroad were time-barred because their claims against the union for breach of the duty of fair representation were not filed within the six-month statute of limitations.
• Schnellbaecher v. Baskin Clothing Co. & Hartmarx Specialty Stores, Inc.
  887 F.2d 124· 7th Cir.· 1989-10-05 ·cited 18×·via Equitable Tolling
  The court held that the district court erred in dismissing the individual Title VII claim against Baskin, but properly dismissed claims against HSSI and class-wide allegations due to insufficient EEOC notice and conciliation opportunity.
• Jackson v. George A. Georgopolous, M.D.
  552 So. 2d 215· Fla. 2d DCA· 1989-10-04 ·cited 18×
  In this medical malpractice case arising from a patient's death following surgery, the court affirmed a directed verdict for the defendant based on the two-year statute of limitations. The plaintiff failed to timely file suit and could not demonstrate fraudulent concealment to to
• Williams v. United States Postal Serv. & John K. Wuertz
  873 F.2d 1069· 7th Cir.· 1989-05-03 ·cited 18×·via Equitable Tolling
  The court held that an amendment to a complaint adding a party defendant does not relate back to the original filing date if the new party did not receive notice of the action within the applicable statute of limitations period, and that the 30-day filing requirement for employme
• Miller v. Cudahy Co.
  858 F.2d 1449· 10th Cir.· 1988-09-28 ·cited 18×·via Equitable Tolling
  The court held that the salt pollution constituted a continuing nuisance causing temporary damages, thus the statute of limitations did not bar claims for damages within two years of filing. The court also affirmed the actual damages calculation and the punitive damages award, re
• Crowley Mar. Corp. v. Panama Canal Comm'n
  849 F.2d 951· 5th Cir.· 1988-07-18 ·cited 18×·via Equitable Tolling
  The court held that a premature notice of appeal filed before Rule 54(b) certification can confer jurisdiction if the judgment becomes final before appeal disposition, and that the statute of limitations for claims against the Panama Canal Commission cannot be equitably tolled.
• Gregory v. Honeywell, Inc.
  835 F.2d 181· 8th Cir.· 1987-12-10 ·cited 18×
  The court held that the district court properly exercised pendent jurisdiction and did not err in dismissing the suit for failure to comply with the statute of limitations.
• Gilardi v. Schroeder
  833 F.2d 1226· 7th Cir.· 1987-11-03 ·cited 18×·via Equitable Tolling
  The court held that a plaintiff's failure to file a timely charge with the state agency in a deferral state bars the plaintiff from invoking the extended 300-day filing period with the EEOC under Title VII.
• Urland v. Merrell-Dow Pharms., Inc.
  822 F.2d 1268· 3d Cir.· 1987-06-24 ·cited 18×
  The court held that under Pennsylvania law, the statute of limitations is tolled by fraudulent concealment until the plaintiff knew or, with reasonable diligence, should have known of the injury and its cause, and that a minor's tolling statute does not revive a claim already bar
• DeBRUNNER v. Midway Equip. Co.
  803 F.2d 950· 8th Cir.· 1986-10-22 ·cited 18×·via Equitable Tolling
  The court held that an employer's failure to post a required equal employment opportunity notice does not justify equitable tolling of the ADEA filing period if the employee has general knowledge of their rights under the ADEA.
• Carmel J. McINTYRE v. United States
  789 F.2d 1408· 9th Cir.· 1986-05-20 ·cited 18×·via Equitable Tolling
  The court held that the Quiet Title Act's 12-year statute of limitations is a jurisdictional prerequisite that cannot be equitably tolled or estopped, and that the plaintiff knew or should have known of the government's claim more than 12 years prior to filing suit.
• George Alexopulos by his next friend Marguerite Alexopulos and Marguerite Alexopulos v. Riles
  784 F.2d 1408· 9th Cir.· 1986-03-18 ·cited 18×
  The court held that the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for denial of educational rights, and that claims for compensatory education are barred by the Eleventh Amendment and statutes of limitations.
• Pruet Prod. Co. & Pruet Oil Co. v. Ayles
  784 F.2d 1275· 5th Cir.· 1986-03-17 ·cited 18×·via Equitable Tolling
  The court affirmed the directed verdicts, holding that the employee's age discrimination claim was not equitably tolled due to untimely filing and that the employer did not breach the employment agreement.
• Dovenmuehle, Inc. v. Lawyers Title Ins. Corp.
  478 So. 2d 423· Fla. 4th DCA· 1985-11-06 ·cited 18×
  DoveMuehle, a mortgage lender, sued Lawyers Title Insurance Corporation seeking recovery of $250,000 allegedly erroneously disbursed during an acquisition closing in 1973. The court affirmed summary judgment for the title company, holding that the statute of limitations began run
• Dunn v. The United States
  775 F.2d 99· 3d Cir.· 1985-10-21 ·cited 18×·via Equitable Tolling
  The court held that the petitioner failed to timely file an itemized fee application within thirty days of final judgment, thus the court lacked jurisdiction to entertain the petition.
• Milwaukee Cnty. v. Donovan
  771 F.2d 983· 7th Cir.· 1985-08-06 ·cited 18×·via Equitable Tolling
  The court held that the 120-day time limit in 29 U.S.C. § 816(b) is not a jurisdictional bar. However, the dissenting judge argued the majority erred in calculating the funding shortfall without considering cost-saving measures.
• The Nat'l Black Media Coal. v. Fed. Commc'ns Comm'n
  760 F.2d 1297· D.C. Cir.· 1985-04-26 ·cited 18×
  The court held that the statutory thirty-day deadline for filing an appeal from an FCC decision is jurisdictional and cannot be tolled by the Commission's failure to provide personal notice of its decision.
• Jones v. Truck Drivers Local Union NO. 299
  748 F.2d 1083· 6th Cir.· 1984-11-29 ·cited 18×·via Equitable Tolling
  The court held that plaintiffs' Title VII and fair representation claims were properly dismissed due to failure to file charges with the EEOC and exceeding the statute of limitations, respectively. The state law claim was remanded for further findings.
• Wright v. Schock
  742 F.2d 541· 9th Cir.· 1984-09-11 ·cited 18×
  A district court may, in its discretion, rule on a defendant's motion for summary judgment before ruling on a plaintiff's motion for class certification, especially when the defendant consents and no prejudice results.
• Cajigas v. Banco de Ponce
  741 F.2d 464· 1st Cir.· 1984-08-09 ·cited 18×
  The court held that the plaintiff's claim was timely with respect to the alleged discriminatory refusal to promote her to an available executive position within the limitations period, reversing the grant of summary judgment.
• Clifford v. United States
  738 F.2d 977· 8th Cir.· 1984-07-19 ·cited 18×
  The statute of limitations did not run during the time the plaintiff was comatose and no guardian had been appointed, as the alleged malpractice prevented him from knowing of his injury.
• Nichols v. E.T. Hughes
  721 F.2d 657· 9th Cir.· 1983-12-06 ·cited 18×·via Equitable Tolling
  The court held that the plaintiff's claims for wrongful discharge were barred by the six-year statute of limitations, 28 U.S.C. § 2401(a), as the cause of action accrued at the time of discharge and was not tolled by subsequent administrative proceedings or the Board for Correcti
• Vance v. Whirlpool Corp.
  707 F.2d 483· 4th Cir.· 1983-05-10 ·cited 18×·via Equitable Tolling
  The Sixth Circuit held that the 60-day conciliation period under 29 U.S.C. § 626(d) is a jurisdictional prerequisite to filing an ADEA suit, and the district court erred in equitably tolling this requirement.
• McKEE v. McDonnell Douglas Tech. Servs. Co., Inc.
  700 F.2d 260· 5th Cir.· 1983-03-18 ·cited 18×·via Equitable Tolling
  The court held that the trial court erred in granting summary judgment on the Title VII claim because a material issue of fact existed regarding whether the EEOC's refusal to accept the charge tolled the filing period. The court affirmed the judgment for the employer on the Equal
• Earnhardt v. The Commonwealth OF Puerto RICO
  691 F.2d 69· 1st Cir.· 1982-10-26 ·cited 18×·via Equitable Tolling
  The court held that the plaintiff's claim of equitable tolling based on the employer's failure to post required notices was sufficiently persuasive to avoid summary judgment and warranted an evidentiary hearing.
• Maurer v. Individually & AS Members OF LOS Angeles Cnty. Sheriff's Dep't
  691 F.2d 434· 9th Cir.· 1982-10-25 ·cited 18×·via Tolling Provisions
  The court held that the district court erred in dismissing the civil rights action for damages without allowing the plaintiff to amend his complaint to allege tolling of the statute of limitations due to the defendant's absence from the state. The court also held that the distric
• Lexine Perdue v. ROY Stone Transfer Corp.
  690 F.2d 1091· 4th Cir.· 1982-10-05 ·cited 18×·via Equitable Tolling
  The dissenting judge would affirm the dismissal for lack of jurisdiction due to the absence of a right-to-sue letter, arguing the EEOC should have been joined as a party.
• Price v. Sw. Bell Tel. Co.
  687 F.2d 74· 5th Cir.· 1982-09-27 ·cited 18×·via Equitable Tolling
  The court held that genuine issues of material fact existed regarding the sufficiency of the EEOC charge and the applicability of equitable tolling, precluding summary judgment.
• Estrella v. George A. Brandt, M.D.
  682 F.2d 814· 9th Cir.· 1982-07-28 ·cited 18×
  The court held that the district court erred in its interpretation of California's statutes of limitations for medical malpractice actions, finding the plaintiff's complaint timely filed.
• Stoller v. Marsh
  682 F.2d 971· D.C. Cir.· 1982-06-22 ·cited 18×·via Equitable Tolling
  The court held that summary judgment was improper on the plaintiff's 1972 claim because reliance on discriminatory evaluations, even if prepared by supervisors unaware of the animus, violates Title VII unless the employee had a reasonable opportunity to inspect and correct the fi
• Citicorp Person-To-Person Fin. Corp. v. Brazell
  658 F.2d 232· 4th Cir.· 1981-09-01 ·cited 18×·via Equitable Tolling
  The court held that the plaintiff's failure to properly file a charge with the state agency before filing with the EEOC, and the subsequent expiration of the 300-day filing period, barred her Title VII claim.
• Worrell v. John F. Kennedy Mem'l Hosp., Inc.
  384 So. 2d 897· Fla. 4th DCA· 1980-05-28 ·cited 18×
  Parents appealed summary judgment dismissing their wrongful death claim arising from their son's death due to alleged medical malpractice in 1973. The court held that under the statute of limitations applicable at the time of death, the cause of action accrued at death rather tha