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

• Dicus v. Dist. Bd. OF Trs. FOR Valencia
  734 So. 2d 563· Fla. 5th DCA· 1999-06-04 ·cited 7×
  Shirley Dicus appealed a summary judgment dismissing her slip-and-fall negligence claim against Valencia Community College on statute of limitations grounds. The trial court found that although Dicus initially alleged the accident occurred in April 1993, discovery revealed it act
• Orange Cnty. Sch. Bd. & United Self Insured Servs. v. Best
  728 So. 2d 1186· Fla. 1st DCA· 1999-03-03 ·cited 7×
  The Florida Court of Appeal resolved whether a workers' compensation petition filed more than one year after remedial treatment ended was barred by the statute of limitations. The court held that the two-year statute of limitations in section 440.19(1) is the primary limitation,
• Warren v. Shands Teaching Hosp. & Clinics, Inc.
  700 So. 2d 702· Fla. 1st DCA· 1997-08-07 ·cited 7×
  A medical malpractice plaintiff appealed a dismissal with prejudice for failing to serve her complaint within 120 days of filing. The Florida appellate court reversed, holding that the trial court erred by dismissing with prejudice without considering relevant equitable factors a
• Capitol Leasing Co. v. Fed. Deposit Ins. Corp.
  999 F.2d 188· 7th Cir.· 1993-06-30 ·cited 7×
  The court held that a claimant must file suit within 60 days of a notice of disallowance or the expiration of the 180-day determination period, regardless of whether the claimant received notice.
• Gulfstream III Assocs., Inc. v. Gulfstream Aerospace Corp.
  995 F.2d 425· 3d Cir.· 1993-05-18 ·cited 7×
  A general assignment of a contract does not include an assignment of antitrust claims unless expressly stated, and the validity of such assignments is governed by federal common law. Furthermore, an antitrust plaintiff is entitled to a trial to establish liability for mandatory a
• Elliot Zacker and Karen Zacker v. Steven Croft, M.D. & Steven Croft, M.D., P.A.
  609 So. 2d 140· Fla. 4th DCA· 1992-12-02 ·cited 7×
  The court held that mailing a notice of intent to initiate litigation to a last known address, even if returned by the post office, satisfies statutory requirements and tolls the statute of limitations if reasonable diligence was exercised to find the correct address.
• Jimenez v. Peninsular & Oriental Steam Navigation Co.
  974 F.2d 221· 1st Cir.· 1992-09-08 ·cited 7×·via Equitable Tolling
  The court held that the passenger ticket's one-year limitations period for filing suit was valid and enforceable, and that equitable tolling did not apply.
• Boyd v. Ferdinand F. Becker, M.D.
  603 So. 2d 1371· Fla. 4th DCA· 1992-08-19 ·cited 7×
  In this medical malpractice case, the court affirmed the trial court's dismissal of Boyd's complaint as untimely filed. The dispute centered on how to compute the ninety-day pre-suit notification period under Florida's medical malpractice statute—whether from the date the notice
• Crisman v. Odeco, Inc.
  932 F.2d 413· 5th Cir.· 1991-05-31 ·cited 7×
  The court held that the plaintiff's suit was time-barred because he knew or should have known of his work-related injuries and their cause more than three years before filing suit.
• Olson v. Mobil OIL Corp.
  904 F.2d 198· 4th Cir.· 1990-05-21 ·cited 7×·via Equitable Tolling
  The court held that whether a plaintiff reasonably relied on an employer's misrepresentations in neglecting to file a timely charge is a question of material fact for the jury, precluding summary judgment.
• Santos v. State Farm Fire & Cas. Co.
  902 F.2d 1092· 2d Cir.· 1990-05-07 ·cited 7×
  The court held that the defendant waived its objection to untimely service by failing to raise it promptly and clearly, and therefore the complaint should be reinstated.
• Diaz v. Tr. Territory OF the Pac. Islands
  876 F.2d 1401· 9th Cir.· 1989-06-02 ·cited 7×
  The court held that Rule 23(e) applies to pre-certification dismissals and that the district court erred by dismissing class claims without notice or inquiry into prejudice, requiring vacation of the dismissal order.
• Dougherty v. Barry
  869 F.2d 605· D.C. Cir.· 1989-03-07 ·cited 7×·via Equitable Tolling
  The court held that the Title VII claims were untimely because the second right-to-sue notice did not revive the lost right to sue, and that the monetary value of the promotions should be divided among the plaintiffs, not awarded individually.
• Walter Clyde White By next friend Jean Swafford v. Gerbitz
  860 F.2d 661· 6th Cir.· 1988-10-20 ·cited 7×
  The court held that filing a claim with the Tennessee Claims Commission operates as a waiver of any cognate federal cause of action against state officers or employees, as mandated by Tenn.Code Ann. § 9-8-307(b).
• Conmar Corp. v. Mitsui & Co. (U.S.A.), Inc.
  858 F.2d 499· 9th Cir.· 1988-09-27 ·cited 7×
  The court held that summary judgment was inappropriate because genuine issues of material fact exist regarding whether information available before the statute of limitations period was sufficient to put the plaintiff on notice of its claim and whether the defendant fraudulently
• Andrews v. Verne ORR
  851 F.2d 146· 6th Cir.· 1988-06-30 ·cited 7×
  The court held that while the pendency of prior class actions tolled the limitations period for individual administrative complaints, the plaintiffs' belief that tolling continued until the prior case's settlement was reasonable, justifying equitable tolling for their untimely fi
• Myers v. Western-Southern Life Ins. Co.
  849 F.2d 259· 6th Cir.· 1988-06-20 ·cited 7×
  A contractual six-month limitations period is enforceable against civil rights claims if it is reasonable and the waiver of the statute of limitations was knowing and voluntary.
• WAY v. Mueller Brass Co.
  840 F.2d 303· 5th Cir.· 1988-03-23 ·cited 7×·via Equitable Tolling
  The court held that the statute of limitations had not run on claims under 42 U.S.C. §§ 1983 and 1985, but affirmed dismissal of Title VII claims and claims against the state commission for improper service.
• The Cleveland Newspaper Guild v. The Plain Dealer Publ'g Co.
  839 F.2d 1147· 6th Cir.· 1988-02-11 ·cited 7×·via Equitable Tolling
• Heinz Haber v. The United States
  831 F.2d 1051· Fed. Cir.· 1987-10-21 ·cited 7×
  The court held that a taxpayer's belief that a disallowance notice was withdrawn, without formal IRS action, does not toll the statute of limitations for filing a refund suit.
• Calhoun v. Fed. Nat'l Mortg. Ass'n
  823 F.2d 451· 11th Cir.· 1987-08-03 ·cited 7×·via Equitable Tolling
  The court held that the Federal National Mortgage Association Charter Act and Georgia's age discrimination statute do not provide a private right of action, and the Age Discrimination in Employment Act claim was untimely filed.
• Manning v. Carlin
  786 F.2d 1108· 11th Cir.· 1986-04-15 ·cited 7×·via Equitable Tolling
  The court held that the thirty-day limitations period for filing an EEOC complaint under Title VII should not be tolled due to intimidation, as the circumstances did not fit recognized exceptions for equitable modification.
• Golden v. Elwood L. Faust and Dorothy Faust
  766 F.2d 1339· 9th Cir.· 1985-07-23 ·cited 7×
  The dissenting judge believes the case is indistinguishable from Kuntsman, where a plaintiff represented by counsel could not estop the defendant from relying on the statute of limitations.
• Forde v. Royal's, Inc.
  537 F. Supp. 1173· S.D. Fla.· 1982-04-30 ·cited 7×
  The court held that the plaintiff's breach of contract and intentional infliction of mental distress claims were properly dismissed, and her Title VII claim was dismissed with leave to amend due to failure to allege sufficient facts for tolling the 180-day filing period.
• In re Assarsson
  670 F.2d 722· 7th Cir.· 1982-02-10 ·cited 7×
  The court held that a stay of commitment obtained by the fugitive tolled the statute of limitations, and the fugitive could not use the delay caused by his own actions to defeat extradition.
• Bryne v. Gulfstream First Bank & Tr. Co.
  528 F. Supp. 692· S.D. Fla.· 1981-12-21 ·cited 7×
  The court held that the plaintiffs' federal securities claims were time-barred under the applicable statute of limitations, requiring dismissal of both the federal and pendent state claims.
• Brewster v. Woodward & Lothrop, Inc.
  530 F.2d 1016· D.C. Cir.· 1976-01-26 ·cited 7×
  The court held that the appellant's claims were barred by the statute of limitations and/or foreclosed by conclusive evidence of probable cause.
• Russ Togs, Inc. v. Grinnell Corp.
  426 F.2d 850· 2d Cir.· 1970-05-11 ·cited 7×
  The court held that a government antitrust enforcement action continues to pend for the purpose of tolling the statute of limitations until the expiration of the time to appeal the final decree resolving all issues of liability and relief.
• United States v. Gurley
  415 F.2d 144· 5th Cir.· 1969-07-30 ·cited 7×
  The court held that the nature of the Gurleys' estate in the property was a material fact issue precluding summary judgment or judgment on the pleadings.
• Platzer v. Biff Burger
  144 So. 2d 507· Fla.· 1962-07-25 ·cited 7×·via Suspension Of Statute Of Limitations
  The Florida Supreme Court held that § 440.13(3)(b) of the Florida Statutes permits a deputy commissioner to order indefinite medical treatment for an injured worker when the claimant's need for remedial attention is shown to continue for a long and indefinite period. The court ad
• Brent v. Brent
  107 So. 2d 181· Fla. 3d DCA· 1958-11-20 ·cited 7×
  The court held that a carrier has an independent right to assert defenses, such as the statute of limitations, which cannot be waived by the employer, especially when the employer and employee are acting in concert.
• Laird v. United Shipyards, Inc.
  163 F.2d 12· 2d Cir.· 1947-08-13 ·cited 7×
  The New York statute of limitations bars the suit because the alleged cause of action accrued no later than February 28, 1929, and the statute had run before the suit was filed.
• Phillips Petroleum Co. v. Williams
  158 F.2d 723· 5th Cir.· 1946-12-27 ·cited 7×
  The court held that the lease provision for royalty based on the 'prevailing market rate for gas' applied, not the 'gross proceeds' provision, because the gas was used in the manufacture of gasoline. The court also found division orders binding for payments made and accepted, and
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-12-30 ·cited 6×·via Equitable Tolling
  The court granted the motion for reconsideration, finding that the prior dismissal of Title VII claims may have been based on a misapprehension of the statutory authority required to issue a Notice of Right to Sue against a governmental entity.
• Johnson v. Jones
  2023 WL 4358555· M.D. Fla.· 2024-09-25 ·cited 6×·via Equitable Tolling
  The court denied all of the plaintiff's post-judgment motions, finding them moot or without merit.
• Franco P. Clement v. U.S. Attorney General
  75 F.4th 1193· 11th Cir.· 2023-07-28 ·cited 6×·via Equitable Tolling
  The court held that a petitioner can forfeit the right to judicial review of a citizenship claim by voluntarily withdrawing their appeal and requesting deportation.
• Elkin King v. Forrest King, Jr.
  69 F.4th 738· 11th Cir.· 2023-05-23 ·cited 6×
  A breach of a duty to disclose a material fact within a confidential relationship, which constitutes fraud sufficient to toll the statute of limitations, can also support a breach of fiduciary duty tort claim under Georgia law, provided a fiduciary relationship exists.
• Elkin King v. Forrest King, Jr.
  46 F.4th 1259· 11th Cir.· 2022-08-26 ·cited 6×
  The Eleventh Circuit certified three questions to the Georgia Supreme Court regarding whether a breach of fiduciary duty to disclose, sufficient to toll the statute of limitations, also supports a tort claim for breach of fiduciary duty, and how such a duty is discharged to a min
• D.H. v. Adept Cmty. Servs., Inc.
  271 So. 3d 870· Fla.· 2018-11-01 ·cited 6×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that statute of limitations barred minors' negligence claims against service providers who allegedly failed to protect them from parental abuse. The Court held that the statute of limitations was to
• Thomas v. Attorney Gen., State of Fla., Sec'y, Fla. Dep't of Corr.
  795 F.3d 1286· 11th Cir.· 2015-07-31 ·cited 6×·via Equitable Tolling
  William Greg Thomas, sentenced to death in 1994 for murdering his wife to avoid a divorce settlement, appealed the district court's denial of his federal habeas petition on timeliness grounds. The district court initially dismissed the petition as untimely but later granted equit
• Verizon Bus. Purchasing, LLC v. State
  164 So. 3d 806· Fla. 1st DCA· 2015-06-11 ·cited 6×
  Verizon Business Purchasing challenged the Florida Department of Revenue's Notice of Proposed Assessment (NOPA) as untimely under the statute of limitations, arguing that only a final assessment—not a proposed assessment—triggers the deadline under section 95.091(3)(a). The First
• Parker v. Darby
  2015 U.S. Dist. LEXIS 64708· M.D. Fla.· 2015-05-18 ·cited 6×
  The court held that the plaintiff's personal injury claim arising from a maritime tort is barred by the three-year statute of limitations, as admiralty jurisdiction properly attaches.
• Black v. Tomoka State Park & Div. of Risk Management/State of Fla.
  106 So. 3d 973· Fla. 1st DCA· 2013-02-05 ·cited 6×
  In a workers' compensation case, the court reversed the Judge of Compensation Claims' denial of claimant's petition for benefits as barred by the statute of limitations. The court held that pending claims for attorney's fees and costs from a prior petition toll the statute of lim
• State v. Perez
  72 So. 3d 306· Fla. 2d DCA· 2011-10-19 ·cited 6×
  The court held that the specific statute of limitations for theft, section 812.035(10), Florida Statutes, controls over the general tolling provisions of section 775.15, Florida Statutes, and the State failed to diligently execute the capias within the applicable period.
• Riverwood Nursing Ctr., LLC v. Agency for Health Care Admin.
  58 So. 3d 907· Fla. 1st DCA· 2011-03-10 ·cited 6×·via Equitable Tolling
  Riverwood Nursing Center appealed AHCA's dismissal of its untimely administrative hearing request, arguing equitable tolling and relation back to an earlier CMS filing. The First DCA affirmed dismissal, holding that neither equitable tolling nor relation back applied where the fa
• Arvelo v. Park Fin. OF Broward, Inc.
  15 So. 3d 660· Fla. 3d DCA· 2009-06-24 ·cited 6×
  Maria Arvelo challenges a deficiency judgment on a repossessed automobile, arguing the statute of limitations expired before Park Finance sued. The court holds that the limitations period commenced when the debt was accelerated upon default in March 2002, not when the vehicle was
• Gaisser v. Portfolio Recovery Assocs., LLC
  571 F. Supp. 2d 1273· S.D. Fla.· 2008-08-05 ·cited 6×·via Tolling Provisions
  The court held that the New Hampshire statute of limitations applied and was not tolled, and that the Florida litigation privilege barred the FCCPA claim against Orovitz.
• Wainwright v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  537 F.3d 1282· 11th Cir.· 2007-11-13 ·cited 6×·via Equitable Tolling
  Anthony Wainwright, a death row inmate, filed a federal habeas corpus petition six days after the statute of limitations expired under the Antiterrorism Effective Death Penalty Act (AEDPA). The Eleventh Circuit affirmed the district court's dismissal, holding that Wainwright was
• Clements v. State
  979 So. 2d 256· Fla. 2d DCA· 2007-08-10 ·cited 6×·via Tolling Provisions
  On remand from the Florida Supreme Court, the Second District Court of Appeal reversed Roger Clements' conviction for sexual activity with a minor in his custodial authority, holding that the State failed to prove the offense occurred within the applicable statute of limitations
• Powell v. Carey Int'l, Inc.
  483 F. Supp. 2d 1168· S.D. Fla.· 2007-04-10 ·cited 6×·via Equitable Tolling
  The court held that the taxicab and motor carrier exemptions do not apply, and granted summary judgment for the plaintiffs on these issues, but denied summary judgment on other claims and granted summary judgment for the defendant Vince Wolfington.