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
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191 So. 3d 925·
Fla. 1st DCA·
2016-05-06
·cited 8×
Onika Williams appealed the trial court's dismissal of her negligence action against the City of Jacksonville based on alleged failure to comply with statutory pre-suit notice requirements. The appellate court reversed the dismissal as to the City, holding that general allegation
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169 So. 3d 1197·
Fla. 1st DCA·
2015-07-14
·cited 8×
In a workers' compensation case, the court affirmed that a petition for benefits filed more than two years after the injury date was barred by the statute of limitations under Florida law, holding that payment of attorney's fees does not extend the statutory period.
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43 So. 3d 846·
Fla. 1st DCA·
2010-08-31
·cited 8×
In this workers' compensation case, the court reversed the Judge of Compensation Claims' dismissal of Gore's claim based on statute of limitations, holding that a claimant's continuous use of a prescribed prosthetic device constitutes remedial treatment sufficient to toll the sta
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14 So. 3d 298·
Fla. 4th DCA·
2009-08-12
·cited 8×
Piggott appeals the summary dismissal of his rule 3.850 motion for post-conviction relief on the ground that it was filed outside the two-year time limit. The court reverses, holding that the trial court erred in refusing to allow Piggott an evidentiary hearing to demonstrate tha
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The Court held that the habeas petition was timely filed and that the petitioner's claims regarding the exclusion of evidence, use of privileged communications, and introduction of bad acts evidence were either not cognizable, unexhausted, procedurally barred, or without merit. F
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7 So. 3d 561·
Fla. 1st DCA·
2009-02-27
·cited 8×
In this workers' compensation appeal, claimant sought review of the dismissal of her petitions for benefits based on expiration of the statute of limitations. The court affirmed the dismissal and clarified that a workers' compensation claimant bears the burden of proving the appl
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4 So. 3d 692·
Fla. 3d DCA·
2009-02-18
·cited 8×
Administrative orders issued due to hurricane-related court closures do not toll the statute of limitations for a tort action unless the plaintiff demonstrates the emergencies actually impeded their ability to file suit.
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Sarah Thomas, as plenary guardian of her adult daughter Tammy, appealed a summary judgment dismissing a medical malpractice claim as time-barred. The court reversed, holding that the statute of limitations did not commence until Thomas was appointed guardian, because an incapacit
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536 F. Supp. 2d 1268·
M.D. Fla.·
2008-02-22
·cited 8×
The court granted summary judgment for defendants on the FDCPA claim regarding the time-barred lawsuit, finding a bona fide error defense applied, but denied summary judgment on the FDCPA claim regarding failure to register. The court granted summary judgment for defendants on th
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Peninsular Properties challenged a trial court's dismissal of its petition for writ of certiorari seeking to overturn the City of Bradenton's rejection of a planned development application. The trial court dismissed as untimely but Peninsular argued the time to file should have b
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854 So. 2d 268·
Fla. 1st DCA·
2003-09-12
·cited 8×
The court held that Steel did not waive its statute of limitations defense and that contribution liability between carriers requires each carrier to be liable for benefits to the claimant.
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The court held that equitable tolling applies to the plaintiffs' claims, making them timely, and that the Administrative Procedure Act waives sovereign immunity for non-monetary relief regarding the international law claim, but the Fifth Amendment claim fails due to extraterritor
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811 So. 2d 683·
Fla. 3d DCA·
2002-03-13
·cited 8×
Defendant Sainz appeals his sentencing and denial of his motion to withdraw his plea after he repudiated a New Jersey plea agreement that required his testimony. The court holds that the five-year statute of limitations on withheld sentences does not apply to agreed sentences, an
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781 So. 2d 436·
Fla. 4th DCA·
2001-02-28
·cited 8×
The Fourth District Court of Appeal reversed a trial court's grant of partial summary judgment dismissing an elderly woman's claims against family members for misappropriation of assets based on the statute of limitations. The court held that genuine issues of material fact exist
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724 So. 2d 1239·
Fla. 2d DCA·
1999-01-22
·cited 8×
The estate of Guy C. Perry appealed the dismissal of its medical malpractice complaint against a medical facility and physician. The trial court dismissed the complaint as time-barred under the wrongful death statute of limitations, concluding it alleged simple negligence rather
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703 So. 2d 1213·
Fla. 1st DCA·
1997-12-31
·cited 8×
The court affirmed the JCC's statute of limitations bar to a workers' compensation claim, finding that the claimant failed to raise most of her arguments before the trial court and that the evidence supported the finding that the employer lacked actual knowledge of continued arm
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679 So. 2d 875·
Fla. 1st DCA·
1996-09-20
·cited 8×
Brugiere and Vallin appealed summary judgment dismissing their fraud claims against Credit Commerciale France and others based on statute of limitations grounds. The Florida appellate court reversed summary judgment on the fraud claims, finding genuine issues of material fact rem
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The appellate court reversed a summary judgment, holding that the plaintiff's medical malpractice lawsuit was timely filed because the statute of limitations was tolled during the presuit investigation period and provided an extended filing window.
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On motion for rehearing, the Fifth District Court of Appeal vacated its prior order denying attorney's fees and granted Mike Guido Properties' motion for attorney's fees, holding that the tolling provision in section 44.102(6)(a) unconstitutionally infringes on the judiciary's ru
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658 So. 2d 922·
Fla.·
1994-11-10
·cited 8×
The Florida Supreme Court held that a condominium association has a statutory right to sue on behalf of unit owners for breach of implied warranty of fitness in construction defects affecting common elements, and that the statute of limitations for such claims is tolled until uni
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601 So. 2d 1318·
Fla. 2d DCA·
1992-07-08
·cited 8×
A parent sued Polk County Public Health Unit for alleged medical malpractice related to negligent prenatal care. The trial court dismissed the case with prejudice for failure to comply with notice requirements under Florida's Sovereign Immunity Act, but the appellate court revers
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963 F.2d 799·
5th Cir.·
1992-06-24
·cited 8×
The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
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The court held that even if equitable estoppel applied to make the filing timely, the plaintiff's underlying age discrimination claim was legally insufficient and did not raise a genuine issue of material fact.
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The one-year period for filing a Miller Act claim is a limitational period, not a jurisdictional prerequisite, and 28 U.S.C. § 1352 provides subject matter jurisdiction. However, the claim was still time-barred.
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937 F.2d 876·
3d Cir.·
1991-07-01
·cited 8×
A non-attorney parent cannot represent minor children in federal court; the children's claims are vacated and remanded for potential appointment of counsel or dismissal. The parent's own claims are affirmed as time-barred.
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The court held that the Speedy Trial Act's exclusions for excludable time are equivalent to the Detainer Act's "good cause" standard for tolling, and that delays caused by codefendants' motions are generally excludable for all defendants in joint trials.
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930 F.2d 965·
1st Cir.·
1991-04-22
·cited 8×
The Federal Deposit Insurance Corporation (FDIC) is subject to the 30-day time limitation for removal under 28 U.S.C. § 1446(b), and this period begins to run upon the FDIC's appointment as receiver, not upon formal substitution.
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The Secretary must consider a claimant's residual functional capacity (RFC) when determining if their impairments meet the Listing of Impairments for disability benefits, as a mechanical comparison of medical findings alone is insufficient and contrary to the Act's functional app
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573 So. 2d 154·
Fla. 1st DCA·
1991-01-15
·cited 8×
The Florida District Court of Appeal affirmed a workers' compensation judge's order awarding medical care and prosthetic device benefits, holding that pending claims filed in 1983 and 1984 that were neither dismissed nor adjudicated kept the statute of limitations open for the cl
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The court held that the 180-day statute of limitations for pay discrimination claims under ADEA should be subject to a discovery rule, not applied mechanically.
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The court held that summary judgment was properly granted on all claims and that sanctions under Rule 11 were appropriate, though the amount of attorney fees awarded needed recalculation due to the appellee's failure to mitigate.
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912 F.2d 1023·
8th Cir.·
1990-09-04
·cited 8×
The court held that the statute of limitations for the SBA's action to recover under loan guarantees accrues upon written demand for payment, not upon the underlying debtor's bankruptcy filing.
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563 So. 2d 733·
Fla. 4th DCA·
1990-06-06
·cited 8×
Campagnulo appealed a summary judgment dismissing his dental malpractice action against dentists Williams and Trippensee for failure to comply with Florida's pre-suit notice requirement under section 768.57. The court affirmed the constitutionality of the statute and its applicat
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The court held that a collective bargaining agreement provision granting childrearing leave only to female employees violates Title VII, and that the union may be sued even if not named in the initial EEOC charge if it had notice and shared interests with the named party.
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The court held that the district court erred in dismissing the class action for failure to exhaust administrative remedies and in dismissing individual claims as untimely or barred by res judicata, reversing the grant of summary judgment.
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The administrative deadline for federal employees to bring a retaliation complaint to an EEO counselor should be construed as a statute of limitations, not a jurisdictional prerequisite.
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The court held that the plaintiff failed to file a timely charge of age discrimination with the EEOC and that no grounds existed to equitably toll the charge-filing period.
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875 F.2d 1160·
5th Cir.·
1989-06-27
·cited 8×
The court held that 42 U.S.C. § 1395ff precludes judicial review of challenges to the reopening and calculation of Medicare payments, as these matters fall within the exclusive purview of administrative hearing officers.
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The court held that the district court erred in refusing to allow the appellant to proceed on her retaliation claim, as the claim was sufficiently intertwined with the racial discrimination claim and the appellee had notice.
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874 F.2d 1097·
6th Cir.·
1989-05-04
·cited 8×
The court's majority opinion found that plaintiff stated a claim under the Equal Protection Clause and Due Process Clause, and that sanctions against counsel were not immediately appealable. The dissenting judge disagrees with the majority's treatment of the equal protection and
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The court held that a federal employee who elected to pursue a grievance under a collective bargaining agreement could not subsequently pursue a Title VII claim for the same matter, as he failed to exhaust his administrative remedies under the agreement.
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The court suggests that the jurisdictional question of reopening Social Security claims is not clear-cut, especially when a claim is reconsidered on the merits rather than merely refused reopening.
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866 F.2d 616·
3d Cir.·
1989-01-27
·cited 8×
The court held that plaintiffs must exhaust administrative remedies before seeking judicial relief for permit disputes, and that the statutory period for administrative appeal begins upon the final issuance of the permit, not an earlier vote or modification.
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853 F.2d 1046·
2d Cir.·
1988-08-05
·cited 8×
The court held that the six-month statute of limitations under § 10(b) of the NLRA applies to both LMRA and LMRDA claims in this case, and that the statute of limitations was not tolled.
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846 F.2d 1311·
11th Cir.·
1988-06-10
·cited 8×
The pursuit of federal administrative remedies under CETA did not toll the statute of limitations for a subsequent 42 U.S.C. § 1983 action because the relevant statute and regulations clearly indicated no exhaustion requirement for non-CETA claims.
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523 So. 2d 644·
Fla. 2d DCA·
1988-03-09
·cited 8×
The court held that the amended information charging battery was not a continuation of the original information, and thus the statute of limitations had run.
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The court held that the appellant's failure to comply with statutory time limits and notice requirements for filing his employment discrimination suit barred his claims, even if equitable tolling were considered.
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The court held that the statute of limitations was equitably tolled for two plaintiffs due to fraudulent concealment by the employer, but not for a third plaintiff. The court also affirmed the sufficiency of evidence for occupational pneumoconiosis and the appropriateness of a nu
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835 F.2d 11·
1st Cir.·
1987-12-10
·cited 8×
The court held that the plaintiffs' hybrid § 301/fair representation claim was time-barred because it was filed more than six months after they knew or should have known of the union's alleged wrongdoing.