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

• Bonifacio Gonzalez-Ramos v. State
  46 So. 3d 67· Fla. 5th DCA· 2010-05-28 ·cited 10×·via Tolling Provisions
  Gonzalez-Ramos appeals his violation of probation adjudication and 48-month prison sentence, arguing the trial court lacked jurisdiction because the violation process was not initiated before his probation term expired on July 14, 2007. The court held that once a probation term e
• Saltponds Condo. Ass'n, Inc. v. Walbridge Aldinger Co.
  979 So. 2d 1240· Fla. 3d DCA· 2008-04-30 ·cited 10×·via Tolling Provisions
  The Third District Court of Appeal reversed the trial court's dismissal of a condominium association's amended complaint alleging construction defects. The court held that the complaint should not have been dismissed on statute of limitations grounds because multiple tolling prov
• State v. Diaz
  814 So. 2d 466· Fla. 3d DCA· 2002-02-13 ·cited 10×
  The State appealed the dismissal of first-degree grand theft charges against Diaz, contending that 22 of 23 invoices were part of a continuing offense scheme and thus within the statute of limitations. The court affirmed the dismissal, holding that grand theft is not a continuing
• Ljubo Skrbic v. QCRC Assocs. Corp.
  761 So. 2d 349· Fla. 3d DCA· 2000-03-15 ·cited 10×
  Appellant Skrbic appealed the dismissal of his complaint for failure to serve process within 120 days as required by Florida Rule of Civil Procedure 1.070(j). The court agreed the trial court properly found no good cause under the old rule, but remanded because an amended rule ad
• Southern Bell and Bellsouth Benefits Administration v. MacDONALD
  671 So. 2d 207· Fla. 1st DCA· 1996-03-27 ·cited 10×
  Southern Bell and BellSouth Benefits Administration appealed a workers' compensation award to Charlene MacDonald, challenging whether her claim was barred by the two-year statute of limitations. The court affirmed the award of benefits but reversed the reasoning, holding that whi
• Roncell Platt v. Fla. Dep't OF Health & Rehabilitative Servs.
  659 So. 2d 1251· Fla. 1st DCA· 1995-08-28 ·cited 10×
  Appellants challenged dismissals of negligence complaints against the Florida Department of Health and Rehabilitative Services (HRS) for alleged injuries to minor children in state custody. The court reversed both the dismissal of initial complaints for failure to timely serve th
• Latin Express Serv., Inc. v. State
  660 So. 2d 1059· Fla. 1st DCA· 1995-05-18 ·cited 10×·via Equitable Tolling
  The court held that the agency's order was defective for failing to inform the appellant of its right to seek direct judicial review in the district court of appeal and the associated time limits.
• Miller v. Maxwell's Int'l Inc.
  991 F.2d 583· 9th Cir.· 1993-04-19 ·cited 10×·via Equitable Tolling
  The court held that individual employees can be held liable under the ADEA if they participated in discriminatory termination decisions.
• Seawatch AT Marathon Condo. Ass'n, Inc. v. Charley Toppino & Sons, Inc.
  610 So. 2d 470· Fla. 3d DCA· 1992-11-03 ·cited 10×·via Tolling Provisions
  The Third District Court of Appeal addresses whether section 718.124's tolling provision applies to construction defect claims brought by a condominium association as class representative of unit owners. The court holds that the tolling statute extends the limitations period for
• Morse v. Univ. OF Vt.
  973 F.2d 122· 2d Cir.· 1992-08-19 ·cited 10×·via Equitable Tolling
  The court held that claims under § 504 of the Rehabilitation Act are governed by the state's personal injury statute of limitations, and that the district court abused its discretion by exercising jurisdiction over the pendent state law claim after dismissing the federal claim.
• Juarez v. Ameritech Mobile Commc'ns
  957 F.2d 317· 7th Cir.· 1992-02-18 ·cited 10×
  The court held that the employer was not liable for sexual harassment because it lacked knowledge and took remedial action, and the plaintiff failed to establish a retaliatory discharge claim or viable state law claims.
• Pipkin v. United States Postal Serv.
  951 F.2d 272· 10th Cir.· 1991-12-12 ·cited 10×
  The court held that procedural defects barred the FTCA claims and that grievance procedures precluded the Bivens claims.
• Sheet Metal Workers v. 2300 Grp., Inc.
  949 F.2d 1274· 3d Cir.· 1991-11-26 ·cited 10×
  The court held that the statute of limitations was tolled due to TM & M's inherent fraud in certifying accurate benefit fund contributions while underreporting hours, and that the plaintiffs exercised reasonable diligence. However, the court reversed the district court's determin
• Lewis v. Richmond City Police Dep't
  947 F.2d 733· 4th Cir.· 1991-10-22 ·cited 10×
  A pro se prisoner's civil complaint is deemed filed when delivered to prison authorities for mailing, not when received by the clerk's office, to satisfy the statute of limitations.
• Wilson v. Zapata Off-Shore Co.
  939 F.2d 260· 5th Cir.· 1991-08-19 ·cited 10×·via Equitable Tolling
  The court affirmed the district court's judgments, holding that sexual harassment claims can be cognizable under the Jones Act if they involve tortious conduct beyond Title VII violations, and that the statute of limitations was properly applied, barring claims outside the limita
• Street v. Vose
  936 F.2d 38· 1st Cir.· 1991-06-19 ·cited 10×
  The court held that a complaint can be dismissed as frivolous sua sponte if the claims are barred by the statute of limitations, and that the plaintiff's claims were indeed time-barred.
• Connors v. Hallmark & SON Coal Co.
  935 F.2d 336· D.C. Cir.· 1991-06-14 ·cited 10×·via Equitable Tolling
  The court held that claims for delinquent ERISA contributions accrue when the trustees discover, or with due diligence should have discovered, the employer's underreporting and nonpayment, not at the time of the breach.
• Pettibone Corp. v. Easley
  935 F.2d 120· 7th Cir.· 1991-06-13 ·cited 10×
  Bankruptcy courts lack jurisdiction to resolve statute of limitations defenses for tort suits that have passed through reorganization.
• Rhodes v. Guiberson OIL Tools Division
  927 F.2d 876· 5th Cir.· 1991-04-03 ·cited 10×·via Equitable Tolling
  The court held that the defendant's misrepresentations on the severance report equitably estopped them from asserting the statutory filing period for the plaintiff's age discrimination claim.
• Robertson v. Louis W. Sullivan, M.D.
  925 F.2d 1124· 8th Cir.· 1991-02-15 ·cited 10×·via Equitable Tolling
  The court held that a motion to reopen a case after remand is not a new petition for judicial review and that the claimant's appeal was properly before the court. The court further held that the Administrative Law Judge's (AU) finding of not disabled was supported by substantial
• Tilford Youngblood v. Dalzell
  925 F.2d 954· 6th Cir.· 1991-02-14 ·cited 10×·via Equitable Tolling
  The court held that the district court erred in closing the case without addressing pending motions to enforce and modify the consent decree, and without adequately considering the decree's specific terms for termination of jurisdiction.
• Ira Sands v. Blando
  575 So. 2d 1306· Fla. 3d DCA· 1991-01-29 ·cited 10×
  Ira Sands appealed a summary judgment dismissing his fraud and conversion claims against Daniel Blando and others. The court affirmed, holding that Sands' claims were barred by Florida's four-year statute of limitations because he should have discovered the fraud through due dili
• Stark v. Dynascan Corp.
  902 F.2d 549· 7th Cir.· 1990-05-11 ·cited 10×·via Equitable Tolling
  The court held that the plaintiff's age discrimination claim was time-barred because he had sufficient knowledge of potential discrimination on the date of his termination, making equitable tolling inappropriate.
• Fridovich v. State
  562 So. 2d 328· Fla.· 1990-04-26 ·cited 10×
  The Florida Supreme Court held that when a defendant's conviction is reversed for a new trial and the state files a refiled charging document for the same offense arising from the same criminal episode, the statute of limitations remains tolled as a continuation of the original p
• McGINTY v. United States Dep't OF the Army & its Sec'y
  900 F.2d 1114· 7th Cir.· 1990-04-25 ·cited 10×·via Equitable Tolling
  A federal employee claiming age discrimination must exhaust administrative remedies once initiated, and failure to comply with administrative time limits, whether jurisdictional or like statutes of limitations, bars suit.
• J.M. Martinac Shipbuilding v. Dir., Off. OF Workers Comp. Programs
  900 F.2d 180· 9th Cir.· 1990-04-02 ·cited 10×·via Tolling Provisions
  The employer was not bound by the healthcare provider's inaccurate legal advice regarding the statute of limitations, but the claim was timely because the limitations period did not begin until the claimant discovered his permanent disability.
• Abramson v. Brownstein
  897 F.2d 389· 9th Cir.· 1990-02-21 ·cited 10×
  California's statute of limitations tolling provision, Cal.Code Civ.P. § 351, is unconstitutional under the Commerce Clause because the burden it imposes on interstate commerce is unreasonable. The court also found no tolling by agreement or estoppel.
• Vernau v. Vic's Mkt.
  896 F.2d 43· 3d Cir.· 1990-02-14 ·cited 10×
  The court held that the Trustees' failure to perform simple calculations on provided data and inform their agents constituted a lack of reasonable diligence, thus the statute of limitations was not tolled.
• J.D. Hamilton v. 1ST Source Bank
  895 F.2d 159· 4th Cir.· 1990-02-05 ·cited 10×·via Equitable Tolling
  The court held that the pay discrimination claim was not time-barred due to the discovery rule, but damages were limited to two years prior to the original complaint, and prejudgment interest was not recoverable on the discriminatory discharge claim where liquidated damages were
• Chapman v. Homco, Inc.
  886 F.2d 756· 5th Cir.· 1989-10-23 ·cited 10×
  The court held that an age discrimination claim accrues at the time of the alleged unlawful discriminatory act, not upon the plaintiff's discovery of the discriminatory nature of the act.
• Bryant v. Ford Motor Co.
  886 F.2d 1526· 9th Cir.· 1989-09-25 ·cited 10×
  The court held that the Judicial Improvements and Access to Justice Act of 1988, which disregards fictitious defendants for diversity jurisdiction, applies to pending cases, and that the district court did not abuse its discretion in granting summary judgment.
• Crawford v. AIR Line Pilots Ass'n Int'l
  870 F.2d 155· 4th Cir.· 1989-03-17 ·cited 10×
  The court held that expenditures for strikes at other airlines and for a contingency fund were germane to collective bargaining and thus chargeable to nonmember agency fee-payers. It also held that the union's rebate procedures satisfied constitutional requirements.
• Spiegler v. Dist. OF Columbia
  866 F.2d 461· D.C. Cir.· 1989-01-27 ·cited 10×·via Equitable Tolling
  The court held that while a 30-day limitations period is appropriate for Education of the Handicapped Act claims, the District's failure to provide adequate notice of this period to the appellants bars its application in this case.
• Mason v. Texaco Inc.
  862 F.2d 242· 10th Cir.· 1988-11-28 ·cited 10×
  The court held that the jury instructions regarding a bulk seller's duty to warn and the duty to train salesmen were erroneous under Kansas law, requiring reversal and remand.
• Bates v. Tenn. Valley Auth. & Orvis Engelstad
  851 F.2d 1366· 11th Cir.· 1988-08-10 ·cited 10×·via Equitable Tolling
  The court held that an amendment to add parties after the limitations period expired could not relate back under Federal Rule of Civil Procedure 15(c) because the new parties did not receive notice within the limitations period.
• Bulgo v. Munoz
  853 F.2d 710· 9th Cir.· 1988-08-02 ·cited 10×
  The court affirmed the district court's rulings, finding that the unfair trade practices statute did not apply to securities transactions, the statute of limitations barred the securities claim, the fraud claim lacked sufficient evidence, and jury instructions and attorney's fees
• Husch v. Szabo Food Serv. Co.
  851 F.2d 999· 7th Cir.· 1988-07-13 ·cited 10×·via Equitable Tolling
  The court held that the time limitations for satisfying ADEA preconditions should be equitably tolled because the plaintiff made a reasonable attempt to file her complaint in a proper state agency.
• Tower Chem. Co. & Fla. Farm Bureau v. Hubbard
  527 So. 2d 886· Fla. 1st DCA· 1988-06-22 ·cited 10×
  Tower Chemical Company and Florida Farm Bureau appealed a workers' compensation order finding that an injured employee's claim for continued medical attention was not barred by the statute of limitations. The court affirmed, holding that a physician's examination, evaluation, and
• Hernandez v. Hill Country Tel. Coop., Inc.
  849 F.2d 139· 5th Cir.· 1988-06-17 ·cited 10×·via Equitable Tolling
  The court held that the plaintiff's Title VII complaint was timely filed, that the defendant waived the 180-day EEOC charge limitation by not raising it below, and that claims under Title VII and 42 U.S.C. § 1981 can be pursued concurrently.
• Dement v. Richmond
  845 F.2d 451· 4th Cir.· 1988-04-26 ·cited 10×
  The court held that the appellants failed to allege sufficient facts to support a claim that UTU breached its duty of fair representation by failing to obtain a promise to amend the Crew Consist Agreement.
• Wilson v. Westinghouse Elec. Corp.
  838 F.2d 286· 8th Cir.· 1988-02-01 ·cited 10×·via Equitable Tolling
  The court held that the plaintiff's initial termination claim was time-barred, but his failure-to-rehire claim under the ADEA should not have been dismissed for lack of jurisdiction and is remanded. The state law contract and fraud claims were properly dismissed.
• Harris v. Brock
  835 F.2d 1190· 7th Cir.· 1987-12-11 ·cited 10×·via Equitable Tolling
  The court held that the thirty-day time limit for filing a Title VII action against a federal employer is jurisdictional and not subject to equitable tolling, even if the plaintiff initially filed a timely but improperly served complaint.
• Wislocki-Goin v. Mears
  831 F.2d 1374· 7th Cir.· 1987-10-21 ·cited 10×·via Equitable Tolling
  The court held that the plaintiff failed to establish a prima facie case of disparate treatment or disparate impact under Title VII, and her claim regarding the jail job was time-barred due to failure to file an EEOC charge within the statutory period.
• Childs v. Pa. Fed'n Bhd. OF Maint. WAY Emps.
  831 F.2d 429· 3d Cir.· 1987-10-19 ·cited 10×·via Equitable Tolling
  The court held that a duty of fair representation claim accrues when the National Railroad Adjustment Board rejects the employee's claim, not when the union's breach occurs, if the union continues to represent the employee. It also held that federal courts have subject matter jur
• Williams v. Hartje
  827 F.2d 1203· 8th Cir.· 1987-08-28 ·cited 10×
  The court held that the statute of limitations barred claims against the City of Conway and its employees due to lack of fraudulent concealment, but claims against Faulkner County and its employees were not time-barred due to alleged concealment. The court also held that the pros
• Otto v. Nat'l Inst. OF Health
  815 F.2d 985· 4th Cir.· 1987-04-08 ·cited 10×
  The court held that the plaintiff's medical malpractice claim was not barred by the FTCA's two-year statute of limitations because the continuous treatment doctrine tolled the limitations period until the end of her treatment at NIH.
• Wilson v. Grumman Ohio Corp.
  815 F.2d 26· 6th Cir.· 1987-04-01 ·cited 10×
  The filing of a complaint that is later dismissed without prejudice does not toll the statutory filing period for a Title VII action, and equitable tolling is not warranted in this case.
• Morales v. Isidoro Rosa Viera
  815 F.2d 2· 1st Cir.· 1987-03-25 ·cited 10×
  The court held that the plaintiffs failed to demonstrate sufficient diligence to justify equitable tolling of the statute of limitations, even if fraudulent concealment was present.
• Conley v. Int'l Bhd. OF Elec. Workers
  810 F.2d 913· 9th Cir.· 1987-02-18 ·cited 10×·via Equitable Tolling
  The court held that the six-month statute of limitations for unfair labor practice charges applies to this hybrid section 301 claim, and equitable tolling does not apply when an NLRB charge is filed.
• MacHules v. Dep't OF Admin.
  502 So. 2d 437· Fla. 1st DCA· 1986-11-25 ·cited 10×·via Equitable Tolling
  Machules appealed the Department of Administration's dismissal of his late petition challenging his termination for abandonment of position. The court affirmed the dismissal, holding that Machules failed to timely file within the 20-day deadline and that due process, estoppel, an