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

• Burnam v. Amoco Container Co.
  755 F.2d 893· 11th Cir.· 1985-03-20 ·cited 13×·via Equitable Tolling
  A refusal to rehire, absent a new discriminatory act, does not revive an otherwise time-barred claim of discriminatory termination under the ADEA.
• In re Extradition of Sven Ulf Ingemar Assarsson
  687 F.2d 1157· 8th Cir.· 1982-08-27 ·cited 13×
  The court affirmed the denial of habeas corpus relief, holding that the appellant was extraditable as the statute of limitations was tolled by his fugitive status and the treaty allows extradition for extraterritorial offenses at the executive's discretion.
• City OF ST. Augustine & Travelers Ins. Co. v. Allen
  404 So. 2d 1115· Fla. 1st DCA· 1981-10-13 ·cited 13×
  The City of St. Augustine and its workers' compensation carrier appealed a deputy's award of permanent total disability benefits to Edward Allen, arguing the claim was barred by a two-year statute of limitations. The court held that the employer's continued payment of wages to Al
• Prophet v. Armco Steel, Inc.
  575 F.2d 579· 5th Cir.· 1978-06-23 ·cited 13×
  The court held that the plaintiff's claims under Title VII and 42 U.S.C. § 1981 were untimely filed, warranting dismissal.
• Boshell v. Ala. Mental Health Bd.
  473 F.2d 1369· 5th Cir.· 1973-02-16 ·cited 13×
  The court held that the one-year statute of limitations for actions not arising from contract was correctly applied to the plaintiff's § 1983 claim.
• Chemstrand Co. v. William H. Enfinger & the Fla. Indus. Comm'n
  231 So. 2d 816· Fla.· 1970-02-11 ·cited 13×
  Chemstrand Company and Liberty Mutual Insurance Company petitioned for certiorari to overturn an award of 75% permanent partial disability, arguing the workers' compensation claim was barred by Florida's two-year statute of limitations. The Florida Supreme Court held that the cla
• Dotson v. United States
  30 F.4th 1259· 11th Cir.· 2022-04-12 ·cited 12×·via Equitable Tolling
  The court held that the USPS complied with 39 C.F.R. § 912.9(a) by sending the denial letter to the most recently identified legal representative for the administrative claims, rendering the plaintiffs' FTCA claims untimely under 28 U.S.C. § 2401(b).
• R.R. v. New Life Cmty. Church of CMA, Inc.
  303 So. 3d 916· Fla.· 2020-10-01 ·cited 12×
  Courts must apply the statutory framework governing accrual and tolling in chapter 95, Florida Statutes, and cannot adopt judge-made delayed accrual rules for minors' tort claims. A minor's negligence and respondeat superior claims accrue when the last element of the cause of act
• Philip Morris USA Inc. v. McCall
  234 So. 3d 4· Fla. 4th DCA· 2017-12-13 ·cited 12×·via Equitable Tolling
  Philip Morris appeals a judgment in favor of Bernice McCall on survival and loss of consortium claims related to her husband's death from lung cancer allegedly caused by smoking PM-manufactured cigarettes. The court reversed the loss of consortium award as time-barred under the s
• O'Neill v. State
  6 So. 3d 630· Fla. 2d DCA· 2009-02-04 ·cited 12×
  James O'Neill appealed the summary denial of his Rule 3.850 motion for postconviction relief seeking to withdraw his guilty plea. The court reversed and remanded, holding that O'Neill's motion was untimely filed more than two years after his direct appeal concluded, and that a su
• Saltponds Condo. Ass'n, Inc. v. McCOY
  972 So. 2d 230· Fla. 3d DCA· 2007-12-19 ·cited 12×
  The statute of limitations defense was not sufficiently clear on the face of the amended complaint to warrant dismissal.
• Walker v. Va. Ins. Reciprocal
  842 So. 2d 804· Fla.· 2003-03-20 ·cited 12×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the medical malpractice presuit screening procedures in Chapter 766 apply to contribution claims based on medical malpractice, and whether compliance with those procedures tolls the one-year s
• Medalie v. FSC Sec. Corp.
  87 F. Supp. 2d 1295· S.D. Fla.· 2000-02-01 ·cited 12×·via Equitable Tolling
  The court held that the securities fraud claim is barred by the statute of limitations, and the breach of fiduciary duty claim is barred by the economic loss rule.
• Morsani v. Major League Baseball
  739 So. 2d 610· Fla. 2d DCA· 1999-03-31 ·cited 12×
  Frank Morsani and his company sought to acquire a Major League Baseball franchise in Tampa Bay but alleged that defendants tortiously interfered with their contractual and business relationships, including a deal to acquire the Minnesota Twins. The trial court granted summary jud
• Hearndon v. Graham
  710 So. 2d 87· Fla. 1st DCA· 1998-04-14 ·cited 12×
  Paula Jean Hearndon appealed the dismissal of her sexual abuse claim against her stepfather based on the statute of limitations. The court affirmed the dismissal but certified a question of great public importance regarding whether the delayed discovery doctrine could toll the st
• Rothschild v. NME Hosps., Inc.
  707 So. 2d 952· Fla. 4th DCA· 1998-03-25 ·cited 12×
  The Fourth District Court of Appeal reversed a summary judgment dismissing a medical malpractice claim for untimeliness, holding that the appellant filed suit within the statute of limitations when properly accounting for the tolling provisions and extension periods under Florida
• King v. State
  687 So. 2d 917· Fla. 5th DCA· 1997-01-31 ·cited 12×
  Michael King appeals his state conviction for armed robbery, challenging both the timeliness of prosecution under Florida's statute of limitations and the constitutionality of dual state and federal prosecutions for the same crime. The Fifth District affirmed, holding that the st
• Sullivan v. The Fulton Cnty. Adm'r
  662 So. 2d 706· Fla. 4th DCA· 1995-09-13 ·cited 12×
  James Sullivan was found liable for arranging his wife's murder and fraudulently concealing his involvement. The trial court awarded $3.5 million in compensatory damages and $500,000 in punitive damages. The appellate court reversed because current Florida law holds that fraudule
• Heckman v. City OF Oakland Park
  644 So. 2d 525· Fla. 4th DCA· 1994-09-14 ·cited 12×
  The Heckmans appealed a summary judgment dismissing their cross-claims against the City of Oakland Park based on the statute of limitations. The court affirmed dismissal of two counts based on a February 17, 1988 accrual date, but reversed and remanded a third count involving an
• Allen v. Orlando Reg'l Med. Ctr.
  606 So. 2d 665· Fla. 5th DCA· 1992-09-18 ·cited 12×
  In this medical malpractice case, the court reversed summary judgment in favor of ORMC and Dr. Lazar, holding that genuine issues of material fact exist regarding when the statute of limitations began to run and whether the defendants concealed the true cause of the plaintiff's c
• Jasper C. Rowe v. Sullivan
  967 F.2d 186· 5th Cir.· 1992-08-05 ·cited 12×·via Equitable Tolling
  Title VII is the exclusive remedy for federal employment discrimination claims, and the Civil Rights Act of 1991 does not apply retroactively. A request for administrative reconsideration must be timely filed.
• Stone v. Hank Williams, Jr.
  970 F.2d 1043· 2d Cir.· 1992-07-13 ·cited 12×
  The court held that the plaintiff's claim for copyright renewal royalties was not time-barred for royalties received within three years of the suit, and that a constructive trust could be imposed on income derived from renewals within that period. The court reversed the district
• Harr v. Hillsborough Cmty. Mental Health Ctr.
  591 So. 2d 1051· Fla. 2d DCA· 1991-12-27 ·cited 12×
  A mother filed a medical malpractice suit against a mental health center and psychiatrist after her son's suicide two days following his discharge from emergency psychiatric care. The court reversed summary judgment, holding that the statute of limitations for medical malpractice
• Novitsky v. Michael H. Hards, D.D.S.
  589 So. 2d 404· Fla. 5th DCA· 1991-11-14 ·cited 12×
  The Novitskys appealed a summary judgment dismissing their dental malpractice claim against Dr. Hards on statute of limitations grounds. The court reversed, holding that the notice of intent to sue letter sent to Dr. Hards on January 10, 1989 properly triggered tolling periods un
• Anixter v. Home-Stake Prod. Co.
  939 F.2d 1420· 10th Cir.· 1991-07-22 ·cited 12×·via Equitable Tolling
  The court held that the three-year period in Section 13 of the Securities Act of 1933 is an absolute statute of repose, barring claims even if equitable tolling or estoppel are invoked. Therefore, claims filed more than three years after the security was offered are dismissed.
• Webb v. Ind. Nat'l Bank
  931 F.2d 434· 7th Cir.· 1991-05-02 ·cited 12×·via Equitable Tolling
  The court held that the statute of limitations begins to run when the plaintiff knows or should know of the injury and that the injury is actionable, not merely when they suspect discrimination or when the consequences of a past discriminatory act continue.
• Friedman v. Est. OF Jackie Presser
  929 F.2d 1151· 6th Cir.· 1991-04-11 ·cited 12×
  The court held that actual knowledge of a lawsuit does not substitute for proper service of process under Rule 4(c)(2)(C)(ii), and that a stay of proceedings does not toll the time for service if personal jurisdiction was not yet established. The court also held that the plaintif
• United States v. Morgan
  922 F.2d 1495· 10th Cir.· 1991-01-10 ·cited 12×
  The court held that the statute of limitations for a federal crime is tolled under 18 U.S.C. § 3290 when the defendant is a fugitive from justice, even if the original crime was a state offense and unrelated to the federal offense.
• N. Cal. Retail Clerks Unions & Food Emp'rs Joint Pension Tr. Fund v. Jumbo Mkts., Inc.
  906 F.2d 1371· 9th Cir.· 1990-07-02 ·cited 12×
  The court held that the existence of a fiduciary duty between the employer and trustees is not relevant to determining when the statute of limitations accrued for the trustees' cause of action.
• I.A.M. Nat'l Pension Fund v. Slyman Indus., Inc.
  901 F.2d 127· D.C. Cir.· 1990-04-10 ·cited 12×·via Equitable Tolling
  The court held that the MPPAA time limits for contesting withdrawal liability were not equitably tolled by the employer's bankruptcy, and that liquidated damages under ERISA do not extend to post-judgment interest.
• Rivera-Gomez v. de Castro
  900 F.2d 1· 1st Cir.· 1990-04-05 ·cited 12×·via Equitable Tolling
  The court held that the district court's findings of fact were not clearly erroneous, and the plaintiffs' claims were time-barred due to a lack of equitable tolling.
• Ramirez v. Garcia
  898 F.2d 224· 1st Cir.· 1990-03-13 ·cited 12×·via Equitable Tolling
  The court held that negligent conduct is not actionable under 42 U.S.C. § 1983, but conduct reflecting reckless or callous indifference may be. The evidence against one defendant was insufficient for a § 1983 claim, while the other's joinder after the statute of limitations requi
• Harris v. Alumax Mill Prods., Inc.
  897 F.2d 400· 9th Cir.· 1990-02-26 ·cited 12×·via Equitable Tolling
  State law claims are preempted by Section 301 of the LMRA and are time-barred by the six-month statute of limitations applicable to such claims.
• Bilal Muhammad ALI v. Higgs
  892 F.2d 438· 5th Cir.· 1990-01-25 ·cited 12×
  The court held that a civil rights action filed under 28 U.S.C. § 1915(d) is barred by the statute of limitations, and the dismissal should be with prejudice.
• Lubniewski v. Lehman
  891 F.2d 216· 9th Cir.· 1989-12-06 ·cited 12×·via Equitable Tolling
  The court held that the thirty-day filing period under Title VII is jurisdictional and requires naming the proper defendant, but this period does not apply to federal employee ADEA claims, which are subject to a six-year statute of limitations.
• RYS v. U.S. Postal Serv.
  886 F.2d 443· 1st Cir.· 1989-09-26 ·cited 12×·via Equitable Tolling
  The court held that the plaintiff's failure to name the proper defendant (the Postmaster General) within the 30-day statutory period, despite the EEOC's instructions, did not warrant equitable tolling of the statute of limitations.
• First United Methodist Church OF Hyattsville v. United States Gypsum Co.
  882 F.2d 862· 4th Cir.· 1989-08-10 ·cited 12×·via Equitable Tolling
  The court held that Maryland's statute of repose protects manufacturers and is not preempted by CERCLA for asbestos removal claims from building structures.
• del Percio v. Thornsley
  877 F.2d 785· 9th Cir.· 1989-06-09 ·cited 12×·via Equitable Tolling
  The court held that the plaintiff's damage claims were barred by the one-year statute of limitations and her claim for injunctive relief was not ripe for adjudication.
• Farrell v. Auto. Club OF Mich.
  870 F.2d 1129· 6th Cir.· 1989-03-28 ·cited 12×·via Equitable Tolling
  The court held that the Michigan state court did not clearly lack jurisdiction over the plaintiffs' ERISA claim, thus tolling the statute of limitations during the pendency of the state action. The court also affirmed the district court's refusal to assert pendent jurisdiction ov
• Sherley v. State
  538 So. 2d 148· Fla. 5th DCA· 1989-02-16 ·cited 12×
  The court held that the prosecution was commenced outside the statute of limitations because the capias was not executed without unreasonable delay.
• Thurman Conn v. United States
  867 F.2d 916· 6th Cir.· 1989-02-09 ·cited 12×
  The court held that the claimant's submission of a Form 95 with a sum certain, even without documented attorney authority, satisfied the administrative presentment requirement of the FTCA, and that the statute of limitations did not bar the suit.
• Troso v. Fla. Ins. Guar. Ass'n, Inc.
  538 So. 2d 103· Fla. 4th DCA· 1989-02-08 ·cited 12×
  Guardians of an injured ward sued for negligence against a motel's insurer, but failed to timely amend their complaint to add the motel as a required defendant. The trial court dismissed the amended complaint as barred by the statute of limitations because it was filed after the
• Honeycutt v. Long
  861 F.2d 1346· 5th Cir.· 1988-12-20 ·cited 12×·via Equitable Tolling
  The court held that the Secretary of Defense did not receive notice within the 30-day limitations period, thus the amendment to substitute the Secretary as defendant could not relate back under Rule 15(c).
• Argonaut Ins. Co. v. Patterson
  846 F.2d 715· 11th Cir.· 1988-06-08 ·cited 12×
  The dissenting judge would hold Liberty Mutual Insurance Company responsible for the full disability award based on the 'last injurious exposure' rule.
• Abston v. Floyd T. Bryan, M.D.
  519 So. 2d 1125· Fla. 5th DCA· 1988-02-11 ·cited 12×
  Medical malpractice plaintiffs appealed dismissal of their action for leaving a surgical pad inside the patient. The court reversed, holding that the statute of limitations was properly tolled under Florida's Medical Malpractice Act when notice of intent was served, and the compl
• In re Tyler
  839 F.2d 1290· 8th Cir.· 1988-01-28 ·cited 12×
  The court held that the district court did not err in limiting an inmate's filings and imposing conditions due to his abusive litigation practices.
• Cannon v. The Kroger Co.
  832 F.2d 303· 4th Cir.· 1987-11-03 ·cited 12×
  The court held that a federal procedural rule should not supplant a legitimate state procedural rule in cases of concurrent jurisdiction, especially when the action was properly commenced under state law.
• Salgado v. Atl. Richfield Co.
  823 F.2d 1322· 9th Cir.· 1987-07-29 ·cited 12×·via Equitable Tolling
  The court held that the one-year time limit for filing a civil action under FEHA is a statute of limitations subject to equitable tolling, and that common law claims are not necessarily preempted by FEHA if they allege actions separate from age discrimination.
• United States v. Taylor
  821 F.2d 1377· 9th Cir.· 1987-07-13 ·cited 12×
  The court held that the district court abused its discretion by dismissing the indictment with prejudice due to Speedy Trial Act violations.
• Alexopulos v. SAN Francisco Unified Sch. Dist.
  817 F.2d 551· 9th Cir.· 1987-05-15 ·cited 12×
  The court held that the plaintiffs' claims under Section 504 of the Rehabilitation Act and the Education of the Handicapped Act were time-barred, and the child suffered no damages for his Section 504 claim.