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

• Orange v. State
  983 So. 2d 4· Fla. 3d DCA· 2007-01-31 ·cited 6×
  The court held that a defendant's motion for post-conviction relief was not untimely and that his absence from sentencing was involuntary, thus not violating his plea agreement.
• State v. Paulk
  946 So. 2d 1230· Fla. 4th DCA· 2007-01-10 ·cited 6×
  The statute of limitations was tolled for one year due to the defendant's out-of-state incarceration, and prosecution was timely commenced because process was served before the limitations period expired.
• Garces v. Montano
  947 So. 2d 499· Fla. 3d DCA· 2006-12-06 ·cited 6×
  Jorge Garces appeals orders denying his motion to apportion attorney's fees and recover costs from the decedent's minor children's settlement, and orders granting discharge of his attorneys' charging lien and dismissing the case. The court reverses, holding that no conflict of in
• Ehrlick v. State
  898 So. 2d 237· Fla. 4th DCA· 2005-03-16 ·cited 6×
  The court held that the State's failure to serve the defendant with a capias for nearly five years, without proving diligent efforts to locate him, constituted an unreasonable delay, thus barring prosecution under the statute of limitations.
• HCA Health Servs. OF Fla., Inc. v. Hillman
  906 So. 2d 1094· Fla. 2d DCA· 2004-12-10 ·cited 6×·via Equitable Tolling
  HCA Health Services of Florida appeals a final judgment awarding damages and attorney's fees to three nurses in a whistleblower retaliation action under Florida Statutes § 448.103. The court reversed because the trial court erroneously applied equitable tolling to revive a claim
• Williams v. Albertson's, Inc.
  879 So. 2d 657· Fla. 5th DCA· 2004-08-06 ·cited 6×·via Equitable Tolling
  Equitable tolling does not apply to excuse a one-day late filing caused by an attorney assisting another attorney with a personal matter.
• Martinez v. State
  842 So. 2d 900· Fla. 2d DCA· 2003-02-12 ·cited 6×
  The court held that the two-year limitation period for a postconviction relief claim regarding failure to inform of deportation consequences begins when the defendant has or should have knowledge of the deportation threat.
• Bocquet v. Ouzid
  225 F. Supp. 2d 1337· S.D. Fla.· 2002-07-18 ·cited 6×·via Equitable Tolling
  The court held that the child was wrongfully removed from France, his habitual residence, and ordered his return to France with his mother.
• Cuillo v. McCOY
  810 So. 2d 1061· Fla. 4th DCA· 2002-03-20 ·cited 6×
  An assignee of a consulting and non-compete agreement appeals a summary judgment entered against him, while the original obligors cross-appeal the award of prejudgment interest.
• Brown v. Zaveri
  164 F. Supp. 2d 1354· S.D. Fla.· 2001-07-19 ·cited 6×·via Equitable Tolling
  The court held that a Title II claim requires exhaustion of state remedies, negligent retention requires employer knowledge of unfitness, and assault claims against employers fail if the employee's conduct is outside the scope of employment. Intentional infliction of emotional di
• Crawford & Co. v. Baxla
  746 So. 2d 576· Fla. 1st DCA· 1999-12-21 ·cited 6×
  Crawford & Company and Fleetwood Homes of America appealed a workers' compensation award of temporary total and permanent total benefits to Tanya Baxla. The appellate court affirmed the award despite finding that the JCC erroneously admitted testimony from a non-authorized physic
• Sabal Chase Homeowners Ass'n Inc. v. Walt Disney World Co.
  726 So. 2d 796· Fla. 3d DCA· 1999-01-13 ·cited 6×
  A homeowners' association and insurance company sought damages for construction defects that allegedly caused hurricane damage to a condominium development. The court affirmed summary judgment for defendants, holding that the 15-year statute of repose in Florida law barred the ac
• Gaines v. Orange Cnty. Pub. Utils. & Johns E. Co.
  710 So. 2d 139· Fla. 1st DCA· 1998-04-17 ·cited 6×
  Herbert Gaines appealed the dismissal of his workers' compensation claim based on the statute of limitations. The court reversed, holding that because Gaines' claim had not been time-barred under the 1990 statute of limitations as of January 1, 1994, when an amended statute was e
• Vest v. Travelers Ins. Co.
  710 So. 2d 982· Fla. 1st DCA· 1998-01-21 ·cited 6×
  An action for bad faith damages against an insurer requires a prior determination of the extent of the insured's damages resulting from the tortfeasor's negligence.
• Eldridge v. Multi-Resources, Inc.
  695 So. 2d 1320· Fla. 4th DCA· 1997-07-09 ·cited 6×
  The court held that the 120-day period for service of process begins to run from the date an amended complaint is filed, not from the date a motion for leave to amend is filed, if the motion does not identify the prospective defendants.
• SOL Dale Bldgs., Inc. v. Schweickert
  656 So. 2d 606· Fla. 1st DCA· 1995-06-27 ·cited 6×
  An employer and workers' compensation carrier appealed a judge's order awarding medical benefits to a claimant, arguing the claim was barred by the statute of limitations because no medical care or compensation had been furnished within two years before filing. The court affirmed
• Brunswick Corp. & GAB Bus. Servs. v. Cummings
  648 So. 2d 787· Fla. 1st DCA· 1994-12-23 ·cited 6×
  Brunswick Corporation and GAB Business Services appealed a judge of compensation claims' order tolling the statute of limitations for workers' compensation medical benefits. The court reversed, holding that a settlement agreement with explicit language preserving future medical b
• In re Se. Banking Corp.
  855 F. Supp. 353· S.D. Fla.· 1994-05-03 ·cited 6×·via Tolling Provisions
  The court held that certain allegations in the second amended complaint stated derivative claims, were barred by the statute of limitations, or lacked specificity, while others sufficiently stated direct claims for breach of duty.
• Aimen Mahoud Abusalameh v. Dep't of Bus. Reg.
  627 So. 2d 560· Fla. 4th DCA· 1993-12-01 ·cited 6×·via Equitable Tolling
  The Florida Fourth District Court of Appeal reversed a summary revocation of an alcoholic beverage license, holding that the Department of Business Regulation could not find a waiver of hearing rights where it had cancelled the only scheduled hearing without rescheduling or provi
• Heck v. Humphrey
  997 F.2d 355· 7th Cir.· 1993-07-01 ·cited 6×·via Tolling Provisions
  A pro se prisoner's civil rights suit challenging his conviction must be dismissed, not stayed, if he fails to exhaust state remedies, even if the statute of limitations would bar refiling after exhaustion.
• Lever v. Nw. Univ.
  979 F.2d 552· 7th Cir.· 1992-11-09 ·cited 6×·via Equitable Tolling
  The court held that the timeliness of an EEOC charge is measured from the date of the discriminatory act, not from subsequent appeals or reconsideration offers, and the district court's finding that the Dean's decision was final was not clearly erroneous.
• Reyher v. Champion Int'l Corp.
  975 F.2d 483· 8th Cir.· 1992-09-14 ·cited 6×·via Equitable Tolling
  The court held that motions for liquidated damages and prejudgment interest filed more than two months after judgment were untimely under Rule 59, but the motion for attorney's fees was not subject to Rule 59's time limit. The court affirmed the jury's verdict on the merits but r
• Parker & Parsley Petroleum Co. v. Dresser Indus.
  972 F.2d 580· 5th Cir.· 1992-09-03 ·cited 6×
  The court held that the district court abused its discretion by retaining jurisdiction over state law claims after dismissing the federal RICO claims, and therefore, the court had no jurisdiction to proceed.
• Fed. Deposit Ins. Corp. v. Wheat
  970 F.2d 124· 5th Cir.· 1992-09-02 ·cited 6×
  The court held that the statute of limitations did not bar the FDIC's suit and that the bank director had a fiduciary duty to the bank, which he breached, making him liable for losses.
• Aurelia Scholar v. Pacific Bell
  963 F.2d 264· 9th Cir.· 1992-04-30 ·cited 6×·via Equitable Tolling
  The court held that a Title VII action is barred if not filed within 90 days of the EEOC's notice, even if the claimant did not personally receive the notice immediately.
• Ledoux v. Davies
  961 F.2d 1536· 10th Cir.· 1992-04-24 ·cited 6×
  The court held that the plaintiff's claims were barred by the statute of limitations and failed to state a constitutional claim for deliberate indifference to medical needs.
• UNR Indus., Inc. v. The United States
  962 F.2d 1013· Fed. Cir.· 1992-04-23 ·cited 6×·via Equitable Tolling
  The court held that 28 U.S.C. § 1500 bars the Claims Court from exercising jurisdiction if the same claim is pending in another court at the time the Claims Court action is filed, regardless of subsequent events or when a motion to dismiss is considered.
• Anda v. Ralston Purina
  959 F.2d 1149· 1st Cir.· 1992-03-25 ·cited 6×
  The court held that plaintiffs could not recover damages for relocation expenses they did not incur, and their tort claim was time-barred because the letters sent did not constitute a precise and specific extrajudicial claim to toll the statute of limitations.
• Bohus v. Beloff
  950 F.2d 919· 3d Cir.· 1991-12-13 ·cited 6×
  The court held that the jury could reasonably find the statute of limitations was tolled under either the discovery rule or fraudulent concealment, and thus the district court improperly granted judgment n.o.v.
• Phillips Petroleum Co. v. Manual Lujan
  951 F.2d 257· 10th Cir.· 1991-12-02 ·cited 6×
  The court held that the Secretary of the Interior has the authority to order a lessee to provide records for an audit, even if those records pertain to a period outside the general statute of limitations for collecting royalties.
• McDONALD v. Myers, Sr.
  946 F.2d 1059· 4th Cir.· 1991-10-11 ·cited 6×·via Equitable Tolling
  The court held that arbitration is not a jurisdictional prerequisite for withdrawal liability collection suits under MPPAA, and that a bankruptcy discharge of one member of a controlled group does not discharge the liability of other solvent members.
• McDOUGAL v. Cnty. OF Imperial
  942 F.2d 668· 9th Cir.· 1991-08-20 ·cited 6×·via Equitable Tolling
  The court held that California's one-year statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. §§ 1983 and 1985(3). The court reversed dismissal of the inverse condemnation claim, finding that a legitimate regulatory purpose do
• Frizzell v. Louis W. Sullivan, M.D.
  937 F.2d 254· 5th Cir.· 1991-08-05 ·cited 6×·via Equitable Tolling
  A district court's remand order under sentence four of 42 U.S.C. § 405(g) is a final judgment that divests the court of jurisdiction, precluding reinstatement of the case.
• Canales v. Louis W. Sullivan, M.D.
  936 F.2d 755· 2d Cir.· 1991-06-27 ·cited 6×·via Equitable Tolling
  Mental impairment may warrant equitable tolling of the 60-day statute of limitations for seeking judicial review of Social Security disability benefits denials.
• Barrow v. NEW Orleans S.S. Ass'n
  932 F.2d 473· 5th Cir.· 1991-06-06 ·cited 6×·via Equitable Tolling
  The court held that the plaintiff's age discrimination claim based on the adoption of a seniority system was time-barred because the EEOC charge was filed more than 180 days after the plaintiff knew of the system's adoption, and equitable tolling was not applicable. Other claims
• Liberty Mut. Ins. Co. v. Fuchs Baking Co. & John Gandy
  577 So. 2d 603· Fla. 1st DCA· 1991-03-11 ·cited 6×
  Liberty Mutual Insurance appeals a workers' compensation order awarding permanent total disability benefits to a claimant who suffered a lumbosacral sprain in 1975. The appellate court affirms, rejecting Liberty Mutual's statute of limitations defense, staleness claim, and argume
• Watkins v. Lujan
  922 F.2d 261· 5th Cir.· 1991-01-29 ·cited 6×·via Equitable Tolling
  The court held that the plaintiff's second amended complaint asserting a Title VII claim related back to the date of the original complaint, making the Title VII claim timely.
• Johnson v. Louis W. Sullivan, M.D.
  922 F.2d 346· 7th Cir.· 1990-12-28 ·cited 6×·via Equitable Tolling
  The court affirmed the district court's injunction against the Secretary's no-combination policy but reversed on the proper composition of the plaintiff class, remanding for further instructions.
• Frasca v. United States
  921 F.2d 450· 2d Cir.· 1990-12-18 ·cited 6×
  The court held that the filing of a complaint does not toll the statute of limitations beyond the 120-day period for service provided by Rule 4(j) of the Federal Rules of Civil Procedure.
• J.I. Corp. v. Fed. Ins. Co.
  920 F.2d 118· 1st Cir.· 1990-12-07 ·cited 6×·via Equitable Tolling
  The court affirmed the grant of summary judgment, holding that the insurance policy's discovery and notice provisions were unambiguous and that the insured failed to comply with them.
• Connors v. Beth Energy Mines
  920 F.2d 205· 3d Cir.· 1990-12-06 ·cited 6×·via Equitable Tolling
  The court held that Beth Energy is obligated to make contributions to the Funds for worked lunch hours and that claims prior to March 11, 1984, are time-barred, affirming the district court's judgment.
• Stitt v. Williams
  919 F.2d 516· 9th Cir.· 1990-11-15 ·cited 6×·via Equitable Tolling
  The court affirmed the grant of summary judgment on all claims but reversed the award of Rule 11 sanctions, finding the district court abused its discretion in imposing them.
• Jewell v. Cnty. OF Nassau
  917 F.2d 738· 2d Cir.· 1990-10-30 ·cited 6×
  A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
• Robin v. Arthur Young & Co.
  915 F.2d 1120· 7th Cir.· 1990-10-04 ·cited 6×
  The court held that plaintiffs failed to adequately allege scienter, a required element for aiding and abetting liability under federal securities laws.
• Patterson v. Am. Bosch Corp.
  914 F.2d 384· 3d Cir.· 1990-09-11 ·cited 6×
  The court held that two good-faith attempts to serve a writ of summons, followed by a period of inactivity, were sufficient to toll the statute of limitations under Pennsylvania law, as interpreted by the court.
• Regis Ann Gould v. U.S. Dep't OF Health & Human Servs.
  905 F.2d 738· 4th Cir.· 1990-06-08 ·cited 6×
• Sisseton-Wahpeton Sioux Tribe v. United States
  895 F.2d 588· 9th Cir.· 1990-02-02 ·cited 6×
  The court held that the Tribes' suit challenging the distribution of Indian Claims Commission judgment funds was barred by the six-year statute of limitations under 28 U.S.C. § 2401(a), as the cause of action accrued when the 1972 Distribution Act was passed, not when the final r
• Regis Ann Gould v. U.S. Dep't OF Health & Human Servs.
  884 F.2d 785· 4th Cir.· 1989-09-08 ·cited 6×
  A Federal Tort Claims Act claim does not accrue until the claimant learns that the tortfeasor was a federal employee, even if the claimant was aware of the injury and its cause earlier.
• Callwood v. Questel
  883 F.2d 272· 3d Cir.· 1989-08-30 ·cited 6×
  The court held that the Virgin Islands' tolling statute may suspend the running of the statute of limitations for a prisoner's civil rights action, and remanded for factual determination.
• Biegenwald v. Fauver
  882 F.2d 748· 3d Cir.· 1989-08-11 ·cited 6×
  The court held that abstention was improper because there is substantial doubt the plaintiff could obtain a construction of the relevant state statute in any state proceeding.