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

• TL90108 LLC v. Ford
  837 F. 2d 457· 11th Cir.· 2025-08-11 ·cited 16×·via Equitable Tolling
  The Eleventh Circuit held that Federal Rule of Bankruptcy Procedure 4007(c)'s deadline for objecting to debt dischargeability cannot be equitably tolled, adhering to prior panel precedent.
• United States v. Cuya
  964 F.3d 969· 11th Cir.· 2020-07-01 ·cited 16×
  A prisoner is not entitled to discovery before filing a motion to vacate a conviction or sentence under 28 U.S.C. § 2255.
• DAY v. Persels & Assocs., LLC
  729 F.3d 1309· 11th Cir.· 2013-09-10 ·cited 16×
  The magistrate judge lacked jurisdiction to approve the class action settlement because unnamed class members, who are considered "parties" upon class certification, did not consent to the magistrate judge's jurisdiction under 28 U.S.C. § 636(c)(1). Consequently, the appellate co
• Brown v. State
  899 So. 2d 1246· Fla. 4th DCA· 2005-04-20 ·cited 16×·via Equitable Tolling
  Eric James Brown appealed the Department of Financial Services' denial of his motion to set aside a default revocation of his insurance license. The court reversed and remanded because factual disputes raised in Brown's motion and affidavit required resolution through an administ
• Haskins v. City OF Fort Lauderdale
  898 So. 2d 1120· Fla. 4th DCA· 2005-03-30 ·cited 16×
  Robin Haskins sued the City of Fort Lauderdale for invasion of privacy and negligent investigation arising from a warrantless search of her office in 1996. The trial court granted summary judgment for the city on statute of limitations grounds, and the appellate court affirmed, h
• Childers v. Cape Canaveral Hosp., Inc.
  898 So. 2d 973· Fla. 5th DCA· 2005-03-04 ·cited 16×·via Tolling Provisions
  The Fifth District Court of Appeal affirmed the dismissal of a wrongful death action brought on behalf of a four-year-old child for the death of his mother from misdiagnosed ovarian cancer. The court held that the statute of repose exception in section 95.11(4)(b), Florida Statut
• Ahumada Cabrera v. Lozano
  323 F. Supp. 2d 1303· S.D. Fla.· 2004-05-18 ·cited 16×·via Equitable Tolling
  The court granted the petition for return of the child, finding that the child's habitual residence was Argentina and that the respondent had wrongfully retained the child, and that the child was not settled in the United States.
• Crutcher v. Sch. Bd. OF Broward Cnty. & Gallagher Bassett Servs., Inc.
  834 So. 2d 228· Fla. 1st DCA· 2002-10-23 ·cited 16×
  The Florida District Court of Appeal, First District, reversed and remanded a workers' compensation case. The court clarified that while an employer/carrier's failure to provide proper statutory notice can impact the statute of limitations defense, it does not automatically estop
• Hillsborough Cnty. Hosp. Auth. v. Coffaro
  829 So. 2d 862· Fla.· 2002-10-03 ·cited 16×
  The Florida Supreme Court answered a certified question of great public importance regarding the interaction of two statutory provisions in Florida's medical malpractice statute: whether a 90-day purchased extension under section 766.104(2) is included in the limitations period w
• Netherly v. State
  804 So. 2d 433· Fla. 2d DCA· 2001-10-19 ·cited 16×
  William and Myrtle Netherly appealed their convictions for theft and misapplication of construction funds related to their home-building business. The court reversed several convictions due to insufficient evidence and statute of limitations issues, and remanded for resentencing
• The Putnam Berkley Grp., Inc. v. Dinin
  734 So. 2d 532· Fla. 4th DCA· 1999-05-26 ·cited 16×
  A woman sued a photographer and publisher in 1995 for unauthorized publication of her photograph in a 1988 book. The trial court denied summary judgment on statute of limitations grounds, and a jury awarded damages. The appellate court reversed, holding that the claims were barre
• Stone v. Robert Rosenthal, M.D.
  665 So. 2d 276· Fla. 4th DCA· 1995-11-22 ·cited 16×
  A widow and personal representative of a deceased patient's estate sued physicians for wrongful death based on alleged medical malpractice. The trial court granted summary judgment for the defendants based on the two-year statute of limitations for medical malpractice, but the ap
• Env't Res. Assocs. OF Fla., Inc. v. State
  624 So. 2d 330· Fla. 1st DCA· 1993-09-03 ·cited 16×·via Equitable Tolling
  Environmental Resource Associates of Florida challenged the Department of General Services' denial of an administrative hearing based on late filing of a hearing request. The court held that equitable tolling does not apply to enlarge filing deadlines in administrative cases wher
• Houswerth v. Neimiec
  603 So. 2d 88· Fla. 5th DCA· 1992-07-31 ·cited 16×
  Houswerth appeals the dismissal of his replevin action for property covered by a divorce settlement agreement. The trial court dismissed with prejudice based on res judicata from a prior dismissal for lack of prosecution, but the appellate court affirmed on the alternate ground t
• Early v. Bankers Life & Cas. Co.
  959 F.2d 75· 7th Cir.· 1992-03-25 ·cited 16×
  The court held that the plaintiff's amended complaint, alleging he was misled by the EEOC regarding the timeliness of his charge, should have been allowed to proceed, and the case should not have been dismissed at the pleading stage.
• Blanche Goodlet v. Steckler
  586 So. 2d 74· Fla. 2d DCA· 1991-08-07 ·cited 16×
  A medical malpractice action against a physician was dismissed on summary judgment as time-barred under Florida's statute of limitations. The appellate court affirmed, holding that the statute of limitations commenced when the decedent's mother learned of her daughter's death and
• Chevron U.S.A., Inc. v. The United States
  923 F.2d 830· Fed. Cir.· 1991-01-16 ·cited 16×
  The court held that the two-year limitation for refund requests under the Outer Continental Shelf Lands Act begins to run from the date of the original royalty payment, not from the date of a subsequent judicial determination that the payment was excessive.
• Cange v. Stotler & Co.
  913 F.2d 1204· 7th Cir.· 1990-09-17 ·cited 16×
  The court held that Stotler was estopped from asserting the contractual limitations defense due to its agent's conduct and failure to provide the customer agreement, and that the attorney's fees award was proper under the Illinois Consumer Fraud Act. The cross-appeal for punitive
• Banner Indus., Inc. v. Central States
  875 F.2d 1285· 7th Cir.· 1989-05-23 ·cited 16×·via Equitable Tolling
  A corporation that was part of a control group employer under MPPAA remains subject to arbitration requirements even after divesting control of its subsidiary, and filing a lawsuit questioning arbitrability tolls the time for initiating arbitration.
• United States v. Karsseboom
  871 F.2d 877· 9th Cir.· 1989-03-31 ·cited 16×·via Tolling Provisions
  If a trial court dismisses some but not all counts of an indictment and the defendant is reindicted on the dismissed counts, the retained count and the superseding indictment both inherit the Speedy Trial Act clock applied to the original indictment.
• Warren v. Dep't OF the Army
  867 F.2d 1156· 8th Cir.· 1989-02-16 ·cited 16×·via Equitable Tolling
  The court held that the thirty-day filing period under Title VII is subject to equitable tolling, and an amendment to correct the defendant's name relates back to the original filing date under Rule 15(c) when equity so requires.
• Johnson v. Gen. Elec.
  840 F.2d 132· 1st Cir.· 1988-02-22 ·cited 16×
  The court held that while Count II was not time-barred, it failed to plead a Title VII violation with sufficient particularity. Count III was dismissed for failure to exhaust administrative remedies.
• Helton v. Clements
  832 F.2d 332· 5th Cir.· 1987-11-18 ·cited 16×
  The court held that a conspiracy claim does not extend the statute of limitations beyond the accrual of individual wrongful acts, and that alleged depression is insufficient to toll the statute unless it arises at the time of accrual and renders the plaintiff unable to manage aff
• Forzley v. Avco Corp. Elecs. Div.
  826 F.2d 974· 11th Cir.· 1987-09-08 ·cited 16×
  The court held that AVCO did not breach the employment agreement by terminating Forzley due to prolonged illness, and that Forzley's claim for retroactive overtime pay was time-barred.
• Grasty v. Amalgamated Clothing & Textile Workers Union, AFL-CIO
  828 F.2d 123· 3d Cir.· 1987-08-31 ·cited 16×
  The court held that the district court abused its discretion in denying class certification without determining the adequacy of all named representatives and that certain claims are subject to a four-year statute of limitations, not the six-month period applicable to unfair labor
• Spannaus v. U.S. Dep't of Just.
  824 F.2d 52· D.C. Cir.· 1987-07-21 ·cited 16×
  The Freedom of Information Act (FOIA) claims are subject to the six-year statute of limitations under 28 U.S.C. § 2401(a), and the cause of action accrues when the requester can maintain a suit, not necessarily after final administrative disposition.
• Stockman v. LaCROIX
  790 F.2d 584· 7th Cir.· 1986-05-07 ·cited 16×·via Equitable Tolling
  The court held that the plaintiff's fraud claim was untimely filed under Wisconsin's statute of limitations, as the plaintiff had sufficient knowledge to trigger the limitations period more than six years before filing suit.
• Omalley v. GTE Serv. Corp.
  758 F.2d 818· 2d Cir.· 1985-03-26 ·cited 16×·via Equitable Tolling
  The court held that the plaintiff's claim was untimely filed and that there was no basis for equitable estoppel or a continuing violation theory to overcome the statute of limitations.
• Givens v. A.H. Robins Co., Inc.
  751 F.2d 261· 8th Cir.· 1984-12-27 ·cited 16×
  The court held that dismissal with prejudice for failure to comply with a discovery deadline is an excessive sanction, and that the complaint sufficiently alleged facts to toll the statute of limitations under Nebraska law.
• Berkson v. DEL Monte Corp.
  743 F.2d 53· 1st Cir.· 1984-09-17 ·cited 16×
  The court held that the plaintiff's antitrust action was time-barred because he failed to establish fraudulent concealment, which is necessary to toll the statute of limitations.
• Addie Johnson v. AL Tech Specialties Steel Corp.
  731 F.2d 143· 2d Cir.· 1984-03-27 ·cited 16×·via Equitable Tolling
  The court held that the 90-day Title VII filing period is subject to equitable tolling, but the plaintiff's unsubstantiated excuse did not warrant tolling. It also held that compensatory and punitive damages are not available under the ADEA.
• Melva A. RAY v. Nimmo
  704 F.2d 1480· 11th Cir.· 1983-05-16 ·cited 16×·via Equitable Tolling
  The court held that the notice of intent to sue requirement under the ADEA is subject to equitable tolling and that a federal employee's claim for denial of due process for failure to follow agency procedures is distinct from discrimination claims.
• Williams v. Dallas Cnty. Comm'rs
  689 F.2d 1212· 1st Cir.· 1982-10-25 ·cited 16×
  A state prisoner's claim attacking the constitutionality of his incarceration due to discriminatory jury selection is cognizable only through habeas corpus, not under § 1983, and must first exhaust state remedies.
• McCURRY v. Allen
  688 F.2d 581· 8th Cir.· 1982-09-17 ·cited 16×
  The court held that the district court's dismissal of the amended complaint against newly named defendants on statute of limitations grounds must be vacated and remanded for an evidentiary hearing on whether the amendments relate back under Fed.R.Civ.P. 15(c). The judgment on the
• Santana v. Holiday Inns, Inc.
  686 F.2d 736· 9th Cir.· 1982-08-17 ·cited 16×
  The court held that the district court erred in striking the motion for leave to amend, as the amended claim related back under Federal Rule of Civil Procedure 15(c), but properly granted summary judgment on the slander claim based on the forum state's statute of limitations.
• Nilsen v. The City OF Moss Point
  674 F.2d 379· 5th Cir.· 1982-04-26 ·cited 16×·via Equitable Tolling
• Roberts v. Casey
  413 So. 2d 1226· Fla. 5th DCA· 1982-04-21 ·cited 16×
  Parents of a child who suffered brain damage from meningitis sought damages against her pediatrician and hospital. The court affirmed summary judgment dismissing their claim as barred by the two-year statute of limitations for medical malpractice, holding that the limitations per
• Stafford v. Int'l Harvester Co. & Eastco Truck Sales, Inc.
  668 F.2d 142· 2d Cir.· 1981-12-31 ·cited 16×
  The court held that New York's borrowing statute applies only to statutes of limitations of states where a lawsuit could have been brought, and thus Pennsylvania's statute of limitations did not bar the action against Eastco, as Eastco was not amenable to suit in Pennsylvania.
• Hopkins v. Kelsey-Hayes, Inc.
  628 F.2d 801· 3d Cir.· 1980-07-23 ·cited 16×
  The court held that New Jersey's statute tolling the statute of limitations for unrepresented foreign corporations is constitutional and applies to corporations amenable to long-arm jurisdiction, and that mere presence of 'detail-persons' does not constitute sufficient representa
• Morris Wimpey et ux. v. Gabriel A. Sanchez, M.D.
  386 So. 2d 1241· Fla. 3d DCA· 1980-07-22 ·cited 16×
  Morris and Elsa Wimpey appeal from a judgment dismissing their medical malpractice action for damages arising from an allegedly negligent vasectomy that resulted in an unintended pregnancy. The trial court dismissed the action as time-barred under Florida's medical malpractice st
• The Isthmus Landowners Ass'n, Inc. v. The State OF Cal.
  601 F.2d 1087· 9th Cir.· 1979-08-06 ·cited 16×
  The district court's dismissal of the federal suit based on Burford abstention was improper, as state remedies remain available and Pullman abstention is more appropriate for land use planning disputes.
• Eland v. Aylward
  373 So. 2d 92· Fla. 2d DCA· 1979-07-25 ·cited 16×
  The appellate court reversed the trial court's summary judgment, finding that the action was not barred by the statute of limitations because the correct statute for medical malpractice, not wrongful death, applied.
• Sydney Spiegel v. Sch. Dist. NO. 1
  600 F.2d 264· 10th Cir.· 1979-06-14 ·cited 16×
  The court held that the plaintiff's federal civil rights claim was barred by the statute of limitations because he failed to file within two years of his termination, and his prior state court action did not toll the limitations period.
• Commonwealth OF Pa. & Pa. Pub. Util. Comm'n v. Interstate Commerce Comm'n & United States
  590 F.2d 1187· D.C. Cir.· 1978-12-21 ·cited 16×
  The court held that the ICC's order approving ConRail's cancellation of TOFC service was valid, and that the petition for review was timely filed.
• Prof'l Med. Specialties, Inc. v. Renfroe
  362 So. 2d 397· Fla. 4th DCA· 1978-08-23 ·cited 16×
  The court denied petitions for writs of certiorari seeking review of trial court orders that refused to compel answers during discovery depositions in a wrongful death action. The petitioners sought to discover facts about a delay in service of process to argue that lack of due d
• Sweeney v. Vindale Corp.
  574 F.2d 1296· 5th Cir.· 1978-06-14 ·cited 16×
  The court held that the redhibition claim was not time-barred due to the seller's attempts to repair, and that the defects rendered the mobile homes unsaleable, justifying rescission. The attorney's fees award was remanded for further findings.
• Strachan Shipping Co. & Am. Mut. Ins. Co. v. Davis
  571 F.2d 968· 5th Cir.· 1978-04-24 ·cited 16×·via Tolling Provisions
  The court held that the "knowledge" required to trigger exceptions to the time limitations under the Longshoremen's and Harbor Workers' Compensation Act means knowledge that the illness is job-related, not merely knowledge of the existence of an illness.
• Ornstein v. Regan
  574 F.2d 115· 2d Cir.· 1978-04-04 ·cited 16×
  The court held that the plaintiff's federal constitutional claims were not barred by res judicata because they were not actually litigated in the state courts.
• L.C.L. Theatres, Inc. v. Columbia Pictures Indus., Inc.
  566 F.2d 494· 5th Cir.· 1978-01-17 ·cited 16×
  The court held that the distributors' recovery for breach of contract and fraud was limited to the two years preceding the filing of their counterclaims, as the distributors should have discovered the underreporting within that period through due diligence.
• Solomon Cates v. Trans World Airlines, Inc.
  561 F.2d 1064· 2d Cir.· 1977-08-05 ·cited 16×
  The court held that claims based on a seniority system perpetuating past discrimination are time-barred if the underlying discriminatory act was not timely challenged. The Supreme Court's ruling in Johnson v. Railway Express Agency, Inc. regarding tolling of § 1981 claims applies