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

• Boyum v. Johnson
  127 F.2d 491· 8th Cir.· 1942-04-13 ·cited 12×
  The court held that while some of Boyum's claims were properly disallowed and others subordinated, the set-offs for bonuses and the Leader Store purchase price were improperly allowed against his claims.
• Banister v. Solomon
  126 F.2d 740· 2d Cir.· 1942-03-17 ·cited 12×
  The court held that the conveyance was fraudulent and the statute of limitations was tolled, allowing the trustee to recover the property.
• Turner v. Sec'y, Dep't of Corr.
  991 F.3d 1208· 11th Cir.· 2021-03-25 ·cited 11×·via Equitable Tolling
  The Eleventh Circuit affirmed the district court's dismissal of the habeas petition, holding that the district court did not err in sua sponte determining the petition was untimely based on the petitioner's own admissions and provided dates, and that the petitioner had an opportu
• Torrence Bates v. Sec'y, Dep't of Corr.
  921 F. 3d 983· 11th Cir.· 2020-07-14 ·cited 11×
  The Eleventh Circuit held that a noncompliant state postconviction motion, if later refiled in compliant form, tolls the federal habeas limitations period from the date of the initial filing.
• Fed. Deposit Ins. Corp. v. Nationwide Equities Corp.
  304 So. 3d 1240· Fla. 3d DCA· 2020-02-26 ·cited 11×·via Equitable Tolling
  The Federal Deposit Insurance Corporation (FDIC), as receiver for a failed bank, appealed a dismissal of its breach of contract action, which was based on the statute of limitations. The appellate court affirmed the dismissal, finding that the FDIC failed to preserve its statute
• Busch v. Lennar Homes, LLC
  219 So. 3d 93· Fla. 5th DCA· 2017-04-13 ·cited 11×
  A homeowner appealed the dismissal of his construction defect complaint based on Florida's ten-year statute of repose. The court reversed, holding that the complaint's allegations did not conclusively establish the construction contract was completed at closing, so the statute of
• Wendler v. City OF ST. Augustine
  108 So. 3d 1141· Fla. 5th DCA· 2013-03-15 ·cited 11×
  The Wendlers brought a Harris Act claim against St. Augustine seeking compensation for regulatory burdens on their historic properties after demolition permit denials. The trial court dismissed the action as untimely, but the Fifth DCA reversed, holding that the impact of the 200
• Howell v. State
  109 So. 3d 763· Fla.· 2013-02-19 ·cited 11×·via Equitable Tolling
  Paul Augustus Howell, convicted and sentenced to death for constructing a bomb intended to kill a witness that instead killed a Florida Highway Patrol Trooper, appeals the denial of his successive postconviction motion filed just before his scheduled execution. The Florida Suprem
• Goings v. State
  76 So. 3d 975· Fla. 1st DCA· 2011-11-22 ·cited 11×
  Darnell Goings appeals his conviction for sexual battery by familial or custodial authority, arguing that the statute of limitations should have barred prosecution due to a 13-year delay in executing the arrest warrant after the information was filed. The court affirms, holding t
• Hromyak v. Tyco Int'l Ltd.
  942 So. 2d 1022· Fla. 4th DCA· 2006-12-06 ·cited 11×·via Class Action Tolling
  A stockholder sued Tyco International and related defendants in 2002 on federal securities law claims after a 1999 federal class action was dismissed. The court affirmed dismissal on statute of limitations grounds, holding that class action tolling under American Pipe does not ap
• Fla. Hosp. Waterman v. Stoll
  855 So. 2d 271· Fla. 5th DCA· 2003-10-03 ·cited 11×·via Equitable Tolling
  Florida Hospital Waterman sought certiorari review to overturn a trial court's order denying its motion to dismiss a medical malpractice claim based on alleged failure to comply with pre-suit verification requirements. The Fifth District Court of Appeal held that the Hospital wai
• Scarfo v. Ginsberg
  817 So. 2d 919· Fla. 4th DCA· 2002-05-08 ·cited 11×
  Plaintiff filed employment discrimination claims in federal court under Title VII, joined with state tort claims. After the federal claim was dismissed on summary judgment, she refiled her state law claims in Florida state court within a month. The court reversed the dismissal of
• Rohatynsky v. Theo Kalogiannis
  763 So. 2d 1270· Fla. 4th DCA· 2000-08-02 ·cited 11×
  The court held that the trial court erred in dismissing the complaint against Marco Polo because factual issues remained regarding the corporation's liability under the note and modification, and the statute of limitations defense was not conclusively established on the face of t
• Perdue v. TJ Palm Assocs.
  755 So. 2d 660· Fla. 4th DCA· 1999-06-16 ·cited 11×·via Equitable Tolling
  Norma Perdue appealed the South Florida Water Management District's dismissal of her amended petition challenging two Environmental Resource Permits issued to T.J. Palm Associates. The District properly dismissed her challenge as untimely and lacking merit because Perdue failed t
• Parham v. Gene A. Balis, M.D.
  704 So. 2d 623· Fla. 2d DCA· 1997-11-12 ·cited 11×
  In a medical malpractice case, the Florida Second District Court of Appeal reversed a trial court's dismissal based on the statute of repose, holding that statutory extensions to the statute of limitations also extend the statute of repose under Florida law. The court certified t
• Grantham v. Blount, Inc.
  683 So. 2d 538· Fla. 2d DCA· 1996-09-27 ·cited 11×
  Grantham sued Blount, Inc. after suffering an electrical injury, initially naming only 'John Doe' as the equipment manufacturer defendant. The Florida appellate court affirmed dismissal on statute of limitations grounds, holding that filing a John Doe complaint does not commence
• Melanson v. Bansidas M. Agravat, M.D.
  675 So. 2d 1032· Fla. 1st DCA· 1996-07-02 ·cited 11×
  The court held that a second notice of intent to initiate a medical malpractice action cannot cure a prior unreasonable failure to comply with presuit discovery requests.
• State v. Ray Constr. of Okaloosa Cnty.
  667 So. 2d 859· Fla. 1st DCA· 1996-01-30 ·cited 11×
  The Florida Department of Revenue appealed a trial court judgment in a documentary stamp tax dispute with Ray Construction. The appellate court reversed the dismissal of four tax assessments on jurisdictional grounds because the 60-day statutory deadline had passed, but affirmed
• Hawkins v. Barnes
  661 So. 2d 1271· Fla. 5th DCA· 1995-10-27 ·cited 11×
  Appellants Roy Hawkins and Ted Turner appeal a judgment for plaintiff Dale Barnes on an open account for fertilizer and agricultural products sold on credit. The court reverses, holding that cash transactions posted to an open account do not toll the statute of limitations, and t
• Edward D. Jones & Co. & Gary Aleff v. Sorrells
  957 F.2d 509· 7th Cir.· 1992-03-23 ·cited 11×·via Equitable Tolling
  The court held that Section 15 of the NASD Code of Arbitration Procedure renders claims ineligible for arbitration if filed more than six years after the event giving rise to the dispute, and this eligibility requirement is for the court to decide, not the arbitrators.
• Bayer v. United States Dep't OF the Treas.
  956 F.2d 330· D.C. Cir.· 1992-02-21 ·cited 11×·via Equitable Tolling
  The court held that a plaintiff's averment of unawareness of the thirty-day time limit for contacting an EEO counselor raises a genuine issue of material fact, precluding summary judgment.
• Christopher v. Mobil OIL Corp.
  950 F.2d 1209· 5th Cir.· 1992-01-24 ·cited 11×·via Equitable Tolling
  The court held that the appellants' Age Discrimination in Employment Act (ADEA) claims were time-barred because the statute of limitations began to run when the discriminatory nature of the plan amendment was apparent, not when the concealment of a waiver provision was discovered
• Irwin v. Grogan-Cole
  590 So. 2d 1102· Fla. 5th DCA· 1991-12-27 ·cited 11×
  The court denied the SEC's petition for rehearing, reaffirming its prior decision regarding the modification and duration of a preliminary injunction's freeze order.
• Meyers v. Brooks Shoe Inc.
  912 F.2d 1459· Fed. Cir.· 1990-08-31 ·cited 11×
  The court held that the district court erred in granting summary judgment for laches and equitable estoppel, as genuine issues of material fact remained regarding the reasonableness of the delay and prejudice to the defendant.
• Gonzalez-Bernal v. United States
  907 F.2d 246· 1st Cir.· 1990-07-03 ·cited 11×
  The court held that the appellants' failure to file a timely action in federal court after the denial of their first administrative claim barred their suit, and that the second claim did not present a new cause of action.
• Juzwin v. Asbestos Corp., Ltd.
  900 F.2d 686· 3d Cir.· 1990-04-10 ·cited 11×
  The New Jersey tolling statute violates the Commerce Clause because it imposes an unconstitutional burden on interstate commerce by discriminating against foreign corporations not represented in the state, and less discriminatory alternatives exist.
• Datskow v. Teledyne, Inc.
  899 F.2d 1298· 2d Cir.· 1990-03-23 ·cited 11×
  The court held that the plaintiffs sufficiently identified the correct defendant, Teledyne Industries, Inc., despite mislabeling it as Teledyne, Inc., and that the defendant waived proper service of process by participating in the litigation.
• Nicholson v. CPC Int'l Inc.
  877 F.2d 221· 3d Cir.· 1989-06-02 ·cited 11×
  An employee cannot prospectively waive their right to a judicial forum for claims arising under the Age Discrimination in Employment Act (ADEA) through an arbitration clause in an employment contract.
• Ruel E. Brown v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  864 F.2d 120· 11th Cir.· 1989-01-25 ·cited 11×·via Equitable Tolling
  The sixty-day filing period under 33 U.S.C. § 921(c) is a jurisdictional limit, and equitable tolling does not apply to extend it.
• In re Morton v. Nat'l Bank OF NEW York City
  866 F.2d 561· 2d Cir.· 1989-01-24 ·cited 11×
  11 U.S.C. § 108(c) tolls the ten-year expiration period for a New York judgment lien on real property when the property is part of a bankrupt estate protected by the automatic stay, preserving the lien until 30 days after the stay terminates.
• Jehan Zeb MIR, M.D. v. Little Co. OF Mary Hosp.
  844 F.2d 646· 9th Cir.· 1988-04-13 ·cited 11×
  The court held that the plaintiff's federal antitrust claim was barred by the statute of limitations, state claims were barred by failure to obtain a writ of mandate, civil rights claims were barred by res judicata, and sanctions were appropriate.
• Buetine Demery v. City OF Youngstown
  818 F.2d 1257· 6th Cir.· 1987-05-12 ·cited 11×
  The court held that its decision applying a one-year statute of limitations to § 1981 claims should not be applied retroactively when a plaintiff reasonably relied on a prior decision applying a longer statute of limitations.
• United States v. Saussy
  802 F.2d 849· 6th Cir.· 1986-10-01 ·cited 11×
  The court held that the filing of an unverified information tolls the statute of limitations for tax prosecutions, and a superseding indictment relates back to the filing of the original information. The court also found no error in the jury instructions regarding willfulness, di
• Josiah-Faeduwor v. Commc'ns Satellite Corp.
  785 F.2d 344· D.C. Cir.· 1986-03-11 ·cited 11×·via Equitable Tolling
  The court held that for private sector Title VII actions, notice of a right-to-sue letter can be imputed to a plaintiff from their counsel's receipt, and equitable tolling is not warranted when the plaintiff failed to notify the EEOC of an address change.
• State v. In the Interest of D.I.
  474 So. 2d 408· Fla. 4th DCA· 1985-08-21 ·cited 11×
  The court held that refiling a delinquency petition with a corrected victim tolls the statutory limitation period, allowing the second petition to be considered timely.
• Hawthorne v. Mr. Wells
  761 F.2d 1514· 11th Cir.· 1985-06-04 ·cited 11×
  The Georgia statute tolling the limitations period for prisoners does not apply to federal inmates suing federal prison authorities under a Bivens cause of action for unconstitutional deprivations.
• Jones v. The Transohio Sav. Ass'n
  747 F.2d 1037· 6th Cir.· 1984-06-12 ·cited 11×·via Equitable Tolling
  The statute of limitations for actions under the Truth in Lending Act (TILA) is subject to equitable tolling, and the limitations period for fraudulent concealment begins when the borrower discovers or could have discovered the fraud.
• Seamco Labs., Inc. v. Pearson
  424 So. 2d 898· Fla. 1st DCA· 1982-12-21 ·cited 11×
  This workers' compensation appeal addresses whether the statute of limitations is tolled by an authorized physician providing medical treatment to an injured worker, even if the employer/carrier is not immediately notified and billed for that treatment. The First District Court o
• In re Phillips Constr. Co., Inc. v. First Nat'l Bank OF Geneva
  579 F.2d 431· 7th Cir.· 1978-07-20 ·cited 11×
  The court held that the two-year period for enforcing a mechanics' lien under Illinois law is tolled by the filing of a bankruptcy petition, preserving the lien's validity in bankruptcy.
• Kermit Kimball Sheehan v. Union Pac. R.R. Co.
  576 F.2d 854· 10th Cir.· 1978-05-31 ·cited 11×
  The court held that the National Railroad Adjustment Board's failure to consider the tolling of time limitations, which effectively denied the employee a hearing on the merits after his state court remedy was extinguished, violated his due process rights.
• Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc.
  452 F.2d 1346· D.C. Cir.· 1971-10-12 ·cited 11×
  An anti-assignment clause in a contract, intended solely for the obligor's benefit, does not render an assignment invalid against third parties, including the government asserting tax liens. Furthermore, an assignee can benefit from a suit commenced by the assignor on the assigne
• Hazeltine Research, Inc. v. Zenith Radio Corp.
  418 F.2d 21· 7th Cir.· 1969-10-27 ·cited 11×
  The court held that Zenith's releases barred recovery for pre-release misconduct, but the statute of limitations did not bar recovery for post-release misconduct. The issue of award excessiveness was not ripe for decision.
• Leithauser v. Harrison
  206 So. 2d 222· Fla. 4th DCA· 1968-01-22 ·cited 11×
  The court held that the rule for adding three days for mail service does not apply to an order striking a reply, as it does not require or give the right to a subsequent responsive act.
• Eastland Constr. Co., Inc. v. Keasbey & Mattison Co.
  358 F.2d 777· 9th Cir.· 1966-03-21 ·cited 11×
  Venue under Section 12 of the Clayton Act is proper in any district where the corporate defendant transacted business at the time the plaintiff's cause of action accrued, not merely where it was transacting business at the time the suit was filed.
• Paez v. Sec'y, Fla. Dep't OF Corr.
  931 F.3d 1304· 11th Cir.· 2019-07-31 ·cited 10×
  A district court abuses its discretion by sua sponte dismissing a habeas petition as untimely without first ordering the State to respond, even if the court properly took judicial notice of state court dockets.
• Flatirons Bank v. The Alan W. Steinberg Ltd. P'ship
  233 So. 3d 1207· Fla. 3d DCA· 2017-12-06 ·cited 10×·via Equitable Tolling
  Flatirons Bank appealed a trial court judgment in favor of the Alan W. Steinberg Limited Partnership, seeking recovery of $1,000,000 in stolen funds that passed through Steinberg's account. The appellate court affirmed, holding that Flatirons failed to prove unjust enrichment aga
• Zirkelbach Constr., Inc. v. Govin T. Rajan
  93 So. 3d 1124· Fla. 2d DCA· 2012-07-27 ·cited 10×·via Equitable Tolling
  Zirkelbach Construction sought certiorari to quash a discovery order compelling production of documents from its liability insurer's claims file. The court granted the petition, holding that the claims file materials were protected work product and that Rajan failed to establish
• Graney v. Caduceus Props., LLC
  91 So. 3d 220· Fla. 1st DCA· 2012-06-21 ·cited 10×
  Graney and KTD appealed a judgment in favor of Caduceus Properties and Tallahassee Neurological Clinic for damages arising from a defective HVAC system design. The First District Court of Appeal reversed, holding that the plaintiffs' direct action against the defendants was barre
• DOE v. Sinrod
  90 So. 3d 852· Fla. 4th DCA· 2012-05-30 ·cited 10×·via Tolling Provisions
  Jane Doe appealed the dismissal of her negligence claims against the Palm Beach County School Board arising from sexual abuse by a teacher in 2003. The court affirmed dismissal because Doe failed to comply with the four-year statute of limitations under Florida's sovereign immuni
• Longley v. Miami-Dade Cnty. Sch. Bd. & Gallagher Bassett Svcs.
  82 So. 3d 1098· Fla. 1st DCA· 2012-02-02 ·cited 10×
  The court held that a petition for benefits seeking attorney's fees and costs, filed while a prior petition for benefits was still pending, is not barred by the statute of limitations.