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

• Kern v. Tri-State Ins. Co.
  386 F.2d 754· 8th Cir.· 1967-12-12 ·cited 10×
  The court held that the plaintiff's claim was barred by the statute of limitations and summary judgment for the defendant was appropriate.
• Farr v. Clement
  202 So. 2d 613· Fla. 2d DCA· 1967-09-22 ·cited 10×
  A county judge has discretion to permit amendment of a claim against a decedent's estate, even after the statutory filing period, if a bona fide attempt to file was made and the defect is one of form, such as an unsworn claim.
• Maurie H. Berman v. The Palatine Ins. Co.
  379 F.2d 371· 7th Cir.· 1967-06-01 ·cited 10×
  The court held that the plaintiff failed to preserve the sufficiency of the evidence for review and that the trial court did not err in its rulings regarding jury instructions, striking a complaint paragraph, or rejecting evidence.
• DuPONT v. Parker & Co. OF Fla., Inc.
  190 So. 2d 388· Fla. 3d DCA· 1966-09-27 ·cited 10×
  DuPont appeals a summary judgment dismissing his contract claims against his insurance broker Parker and Company, and a directed verdict on his negligence claim. The court affirmed, holding that DuPont's contract claims were barred by the three-year statute of limitations for ora
• Mary A. Schwartz under the Last Will and Testament of Samuel H. Schwartz v. S.S. Nassau
  345 F.2d 465· 2d Cir.· 1965-05-07 ·cited 10×
  A contract clause requiring suit commencement and process service within one year is valid under 46 U.S.C. § 183b, even if admiralty rules differ on commencement.
• Lida Gonzalez v. Allure Shoe Corp.
  160 So. 2d 703· Fla.· 1964-02-12 ·cited 10×
  The court held that the claimant's self-initiated home care did not constitute 'remedial treatment furnished by the employer' sufficient to toll the statute of limitations.
• Dedmon v. Falls Prods. Inc.
  299 F.2d 173· 5th Cir.· 1962-02-06 ·cited 10×
  The court held that the statute of limitations was tolled because the defendant's absence from the state impeded service of process, despite the existence of alternative service methods.
• Banana Distribs., Inc. v. United Fruit Co. & Fruit Dispatch Co.
  269 F.2d 790· 2d Cir.· 1959-08-24 ·cited 10×
  The court held that the 'transacting business' test under the Clayton Act, not state service of process rules, determines whether a defendant is subject to suit in a state for tolling purposes. The court reversed the lower court's ruling on the applicable New York statute of limi
• Helmut Legerlotz v. Rogers
  266 F.2d 457· D.C. Cir.· 1959-04-16 ·cited 10×
  The court held that the plaintiff's suit under Section 9(a) of the Trading With the Enemy Act was barred by the statute of limitations, and there was no jurisdiction for judicial review under Section 32(a) or the Administrative Procedure Act.
• Murphy v. Citizens Bank OF Clovis
  244 F.2d 511· 10th Cir.· 1957-04-23 ·cited 10×
  The filing of a complaint does not toll the statute of limitations if the plaintiff fails to exercise due diligence in serving process.
• Brownell v. Morizo Nakashima
  243 F.2d 787· 9th Cir.· 1957-04-05 ·cited 10×
  The court held that the 1954 amendment to the Trading with the Enemy Act extended the time for filing administrative claims but not the time for filing suits, and that the original limitations period for suits was constitutional.
• Duffy Theatres, Inc. v. Griffith Consol. Theatres, Inc.
  208 F.2d 316· 10th Cir.· 1953-11-12 ·cited 10×
  A release of a civil claim for antitrust damages is valid and, if not disaffirmed with due diligence, is considered ratified by the releasor's inaction.
• Markham v. Nisbet
  60 So.2d 393· Fla.· 1952-07-15 ·cited 10×
• Burns v. Chicago
  192 F.2d 472· 8th Cir.· 1951-11-12 ·cited 10×
  The court held that a railroad's letter offering a partial settlement constituted a disallowance of the claim, starting the two-year limitations period for filing suit, and subsequent settlement negotiations did not toll this period.
• United States ex rel. Nitkey v. Dawes
  151 F.2d 639· 7th Cir.· 1945-11-07 ·cited 10×
  The court held that the plaintiff's qui tam action was barred by the six-year statute of limitations, which is jurisdictional and cannot be tolled by alleged concealment, as all parties had full knowledge of the relevant facts at the time of the transaction.
• Yoder v. Nu-Enamel Corp.
  145 F.2d 420· 8th Cir.· 1944-11-02 ·cited 10×
  The court held that Nebraska law permits recovery of special damages for fraud in a business sale, and the statute of limitations was tolled during the period plaintiffs were prevented from suing by a prior federal court decision.
• Radick v. Underwriters at Lloyd's
  137 F.2d 21· 7th Cir.· 1943-06-24 ·cited 10×
  The court held that the dismissal of the action was proper because it was prematurely brought, not on the merits, allowing plaintiffs to refile if conditions are met.
• Howard Univ. v. Cassell
  126 F.2d 6· D.C. Cir.· 1941-12-01 ·cited 10×
  The court held that the plaintiff's claim for compensation was barred by the statute of limitations because his services as agent terminated more than three years before the suit was filed.
• Wright v. Waste Pro USA Inc
  69 F.4th 1332· 11th Cir.· 2023-06-13 ·cited 9×
  The Eleventh Circuit held that the prior dismissal of the plaintiff's Fair Labor Standards Act claims in South Carolina without prejudice did not toll the statute of limitations for his subsequent action filed in Florida. The court also found that the plaintiff was not entitled t
• R.J. Reynolds Tobacco Co. v. Sheffield
  266 So. 3d 1230· Fla. 5th DCA· 2019-02-08 ·cited 9×·via Equitable Tolling
  The 1999 version of section 768.73, Florida Statutes, applies to the punitive damages issues in this wrongful death action because the cause of action accrued on the date of the decedent's death in 2007, not on the date the decedent manifested a smoking-related disease in 1994. M
• Wilmer P. Gaff v. R.J. Reynolds Tobacco Co.
  129 So. 3d 1142· Fla. 1st DCA· 2013-12-31 ·cited 9×
  Wilmer Gaff, as personal representative of his deceased wife's estate, appealed summary judgment dismissing wrongful death claims against tobacco companies on statute of limitations grounds. The court affirmed, holding that Gaff's 1997 opt-out from the Engle class action restarte
• PRO Tech Monitoring, Inc. v. State
  72 So. 3d 277· Fla. 1st DCA· 2011-10-17 ·cited 9×·via Equitable Tolling
  The court held that the Department of Corrections erroneously dismissed Pro Tech Monitoring's bid protest petition as untimely, and that the petition should either be considered timely filed or equitably tolled.
• Daron Meyer v. Meyer
  25 So. 3d 39· Fla. 2d DCA· 2009-12-02 ·cited 9×
  Daron Meyer challenged a trial court's dismissal of his specific performance and equitable estoppel claims against his father Victor, and the denial of his motion for new trial after a jury verdict awarding zero damages on his breach of contract claim. The appellate court reverse
• Va. Ins. Reciprocal v. Frank C. Walker, Jr., M.D.
  765 So. 2d 229· Fla. 1st DCA· 2000-08-01 ·cited 9×
  Virginia Insurance Reciprocal, as subrogee of Scottish Rite Medical Center, appealed a summary judgment dismissing its contribution claim against Dr. Frank Walker for medical malpractice. The First District reversed, holding that medical malpractice presuit screening requirements
• State v. Robbins
  780 So. 2d 89· Fla. 2d DCA· 2000-01-05 ·cited 9×
  The appellate court reversed the trial court's order granting postconviction relief, finding that the trial court erred in dismissing a failure to appear charge and allowing withdrawal of pleas on robbery charges based on the statute of limitations.
• Frew v. Poole & Kent Co.
  654 So. 2d 272· Fla. 4th DCA· 1995-05-03 ·cited 9×
  Plaintiff filed a motion to amend her complaint to add new defendants just before the statute of limitations expired, but the court did not grant the motion until after the limitations period had run and service was not obtained until months later. The court held that while a mot
• Nealon v. Michael P.W. Stone
  958 F.2d 584· 4th Cir.· 1992-03-02 ·cited 9×·via Equitable Tolling
  The court held that the plaintiff's Title VII discrimination claim was barred by failure to exhaust administrative remedies, but her Title VII retaliation claim was not. The court also held that her Equal Pay Act claim was not time-barred due to a continuing violation and equitab
• René Ynclan Ynclan v. Dep't OF the AIR Force
  943 F.2d 1388· 5th Cir.· 1991-09-23 ·cited 9×·via Equitable Tolling
  The court held that the thirty-day period for filing a Title VII suit against a government employer is subject to equitable tolling, and a clerical delay in filing due to pending motions should not prejudice the plaintiff.
• Schmidt v. United States
  933 F.2d 639· 8th Cir.· 1991-05-15 ·cited 9×·via Equitable Tolling
  The court held that the statute of limitations for claims against the government under the Federal Tort Claims Act is subject to equitable tolling and is not a jurisdictional prerequisite.
• State v. M.M.
  557 So. 2d 217· Fla. 2d DCA· 1990-02-23 ·cited 9×
  The State of Florida appealed the trial court's dismissal of a second amended delinquency petition against M.M., a juvenile charged with sexual battery and related offenses. The trial court dismissed the petition for violating the 45-day filing deadline under Florida Statutes sec
• Dort Attwood v. Mendocino Coast Dist. Hosp.
  886 F.2d 241· 9th Cir.· 1989-09-22 ·cited 9×·via Equitable Tolling
  When a district court declines to exercise jurisdiction under the Colorado River doctrine due to parallel state litigation, it must stay the federal action rather than dismiss it, to ensure the federal forum remains available if the state proceedings prove inadequate.
• Terwilliger v. Greyhound Lines, Inc.
  882 F.2d 1033· 6th Cir.· 1989-08-10 ·cited 9×
  The employer's fraudulent concealment of medical information tolls the limitations period for initiating the grievance process under the collective bargaining agreement.
• Shoup v. Bell & Howell Co.
  872 F.2d 1178· 4th Cir.· 1989-04-26 ·cited 9×·via Equitable Tolling
  A federal court's dismissal of a claim on statute of limitations grounds operates as a judgment on the merits, subject to claim preclusion in a subsequent federal action between the same parties.
• In re C.H. Butcher, Jr. v. First Nat'l Bank OF Louisville
  829 F.2d 596· 6th Cir.· 1987-09-23 ·cited 9×
  A bankruptcy court lacks jurisdiction to hear a preferential or fraudulent transfer action if the complaint is not filed within the two-year statute of limitations provided by 11 U.S.C. § 546(a), and Bankruptcy Rule 9006(a) does not extend this period.
• Arnold v. United States
  816 F.2d 1306· 9th Cir.· 1987-05-05 ·cited 9×·via Equitable Tolling
  The court held that the USPS's reinstatement of Arnold did not moot her Title VII claims for the period prior to reinstatement, and that Postmaster Carpenter was not entitled to absolute immunity for state-law tort claims arising from actions outside the scope of his duty.
• Ringgold v. Nat'l Maint. Corp.
  796 F.2d 769· 5th Cir.· 1986-08-11 ·cited 9×·via Equitable Tolling
  The 90-day period for filing a Title VII suit begins to run upon delivery of the right-to-sue letter to the claimant's designated counsel or the claimant, and the suit was untimely.
• Thompkins v. Stuttgart Sch. Dist. #22
  787 F.2d 439· 8th Cir.· 1986-03-31 ·cited 9×
  A state legislature cannot limit the pendent jurisdiction of federal courts, and the district court erred in dismissing the state law claim based on a state statute purporting to grant exclusive jurisdiction to state courts.
• King v. State OF Cal.
  784 F.2d 910· 9th Cir.· 1986-03-07 ·cited 9×·via Equitable Tolling
  The court held that the statute of limitations for TILA damages claims runs from the date of consummation, but equitable tolling may suspend the period if the borrower could not reasonably discover the fraud or nondisclosures. State claims are remanded as pendent to surviving fed
• LEE v. The U.S. Postal Serv.
  774 F.2d 1067· 11th Cir.· 1985-10-25 ·cited 9×·via Equitable Tolling
  The court held that the plaintiff's complaint was untimely filed and that the district court committed no error in dismissing the action on that ground.
• Trecker v. Dane T. Scag
  679 F.2d 703· 7th Cir.· 1982-06-03 ·cited 9×·via Equitable Tolling
  The court held that the district court erred in granting summary judgment on the statute of limitations, materiality, and scienter issues, vacating the judgment and remanding for further proceedings.
• Doran v. Compton
  645 F.2d 440· 5th Cir.· 1981-05-20 ·cited 9×
  The court held that former Tex.Ins.Code Ann. art. 5.82, § 4, a statute of limitations, does not retroactively apply to causes of action that accrued prior to its enactment and were not then time-barred.
• Goewey v. The United States
  612 F.2d 539· Ct. Cl.· 1979-12-12 ·cited 9×
  The court held that the plaintiff was not under a legal disability during the relevant period, and therefore his claim was barred by the statute of limitations.
• Lamb v. Amalgamated Labor Life Ins. Co.
  602 F.2d 155· 8th Cir.· 1979-07-13 ·cited 9×
  The court affirmed the dismissal of the plaintiff's claims, finding that his civil rights and fraud claims were barred by the statute of limitations and that his breach of contract claim did not meet the jurisdictional amount requirement.
• Chambers v. Gaul
  365 So. 2d 213· Fla. 4th DCA· 1978-12-13 ·cited 9×
  Florida appellate court reversed dismissal of medical malpractice complaint filed within the two-year statute of limitations but outside the 60-day post-mediation filing window, holding that the 60-day requirement extends rather than shortens the statute of limitations.
• Powell v. Laurent V. Radkins, Jr.
  506 F.2d 763· 5th Cir.· 1975-01-20 ·cited 9×
  The court held that the jury's finding that the plaintiff knew or should have known of her sterilization in 1967 was dispositive, as it fell outside the statute of limitations for her claims.
• Palmina C. Gianni v. Fort Wayne AIR Serv., Inc.
  342 F.2d 621· 7th Cir.· 1965-02-11 ·cited 9×·via Tolling Provisions
  The court held that the Indiana statute of limitations should have been applied to the wrongful death actions, reversing the dismissal of the complaints.
• Brown v. Safepoint Ins. Co.
  388 So. 3d 242· Fla. 2d DCA· 2025-03-07 ·cited 8×
  Luis Brown and Mirta Moreno appealed the dismissal of their insurance complaint against Safepoint Insurance for failure to comply with the statute of limitations. The Florida Second District Court of Appeal affirmed the dismissal, rejecting arguments for equitable tolling and ret
• Morris v. Sec'y, Fla. Dep't of Corr.
  991 F.3d 1351· 11th Cir.· 2021-03-25 ·cited 8×
  The Eleventh Circuit held that the petitioner's amended state post-conviction motion related back to his initial filing, tolling the AEDPA statute of limitations. Therefore, his federal habeas petition was timely.
• Adkison v. Morey
  239 So. 3d 205· Fla. 1st DCA· 2018-03-08 ·cited 8×
  A party cannot appeal an issue not raised before the trial court, and a party who invites the trial court to rule in a particular manner cannot complain of that ruling on appeal.
• Robinson v. State
  205 So. 3d 584· Fla.· 2016-11-17 ·cited 8×
  The Florida Supreme Court resolved a conflict among district courts regarding whether the statute of limitations for felony prosecution is tolled when a defendant is continuously absent from the state. The court held that section 775.15(5) requires only proof of continuous absenc