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

• Miles v. Dep't OF THE Army
  881 F.2d 777· 9th Cir.· 1989-08-07 ·cited 5×·via Equitable Tolling
  The court held that an amendment substituting the proper government official as defendant relates back to the original filing date if the U.S. Attorney received timely notice, and that the district court abused its discretion by failing to rule on the motion for appointed counsel
• Lewelling v. Farmers Ins. OF Columbus, Inc.
  879 F.2d 212· 6th Cir.· 1989-07-10 ·cited 5×
  The court held that plaintiffs' breach of contract claims were barred by the Ohio parol evidence rule, and fraud claims were barred by the California statute of limitations, as applied under Ohio's choice of law rules.
• ICG Petroleum, Inc. v. United States Dep't OF Energy & John S. Herrington
  883 F.2d 80· Temp. Emer. Ct. App.· 1989-06-30 ·cited 5×·via Equitable Tolling
  The court held that the Petroleum Overcharge Distribution and Restitution Act of 1986 (PODRA) imposed a mandatory time limit for seeking judicial review of certain agency actions, and appellants' failure to file within that period barred their claim.
• Davis v. Arc Kyle & CNA Ins. Grp.
  529 So. 2d 1240· Fla. 1st DCA· 1988-08-12 ·cited 5×
  Davis appealed a workers' compensation decision barring his claim for medical treatment under the statute of limitations. The First District Court of Appeal reversed, holding that the deputy commissioner erred in excluding evidence of the claimant's prior sheltered employment whe
• de Luna v. Farris
  841 F.2d 312· 9th Cir.· 1988-03-09 ·cited 5×
  The court held that the amended Arizona statute governing tolling of the statute of limitations for imprisonment applied, and the plaintiff's claim was time-barred.
• Morse v. The Daily Press, Inc.
  826 F.2d 1351· 4th Cir.· 1987-07-09 ·cited 5×·via Equitable Tolling
  The court held that the appellants' claims were time-barred under the ADEA, as they failed to file their EEOC charges within the statutory 180-day period and did not establish grounds for equitable tolling or estoppel.
• Cook v. Providence Hosp.
  820 F.2d 176· 6th Cir.· 1987-06-01 ·cited 5×·via Equitable Tolling
  The court held that a plaintiff's unsubstantiated denial of receipt of a right-to-sue letter is insufficient to create a genuine issue of material fact when there is overwhelming evidence of notice, and equitable tolling is not warranted.
• Sousa v. Nat'l Labor Relations Bd. & Samuel Kaynard
  817 F.2d 10· 2d Cir.· 1987-04-23 ·cited 5×·via Equitable Tolling
  The court held that the thirty-day period for filing suit did not begin to run until the claimant actually received the decision, not when notice was constructively received.
• Blue Dolphin, Inc. v. United States
  666 F. Supp. 1538· S.D. Fla.· 1987-02-13 ·cited 5×
  The court held that the plaintiffs' admiralty claims were time-barred under the Suits in Admiralty Act because they were not filed within the two-year statute of limitations. The abuse of process claim was also dismissed for failure to state a claim.
• Houghton v. The Ins. Crime Prevention Inst. & John Andrew Hoda
  795 F.2d 322· 3d Cir.· 1986-07-14 ·cited 5×
  The court held that the Fair Credit Reporting Act's statute of limitations does not permit a general discovery rule exception beyond the one explicitly provided in the statute.
• Womble v. J.R. Dixon, III
  752 F.2d 80· 4th Cir.· 1984-10-29 ·cited 5×
  The court held that while the shareholders' action to remove the FSLIC as receiver was time-barred and their direct claims against officers/directors were preempted, their derivative claims against parties not sued by the FSLIC could proceed without a formal demand, subject to fu
• Ricciardelli v. State
  453 So. 2d 199· Fla. 4th DCA· 1984-07-25 ·cited 5×
  Ricciardelli appeals the trial court's denial of his motion to dismiss criminal battery charges based on his continued mental incompetency to stand trial after five years of commitment. The appellate court reversed, holding that the trial judge improperly relied on speculative te
• Summer v. Land & Leisure, Inc.
  571 F. Supp. 380· S.D. Fla.· 1983-09-14 ·cited 5×·via Equitable Tolling
  The court dismissed pendent state claims against individual defendants and Land & Leisure due to lack of pending federal claims, but denied motions to dismiss federal securities claims against Raymond James and Arthur Young, finding they stated valid causes of action under Sectio
• United States v. Tilleraas
  709 F.2d 1088· 6th Cir.· 1983-06-17 ·cited 5×
  The court held that the government, acting as a surety-guarantor under the Federal Insured Student Loan Program, has six years from the date it paid the lender's claim to sue a defaulting borrower.
• Middleton v. Silverman
  430 So. 2d 981· Fla. 3d DCA· 1983-05-10 ·cited 5×
  A plaintiff filed a civil complaint one day late due to the courthouse closing because of civil disorder during the statute of limitations deadline. The court reversed the dismissal, holding that a timely filing attempt frustrated by courthouse closure due to civil disturbance sa
• Young v. Bramlett
  369 So. 2d 652· Fla. 1st DCA· 1979-04-04 ·cited 5×
  The court held that Florida's medical liability mediation procedures under Section 768.44 do not apply to dental malpractice claims, even though dentists are defined as health care providers elsewhere in the statute. As a result, the statute of limitations tolling provision for m
• Ester Graham v. Ferguson
  593 F.2d 764· 6th Cir.· 1979-03-08 ·cited 5×
  The court held that the Michigan "borrowing" statute requires examination of the entire law of Tennessee, including its tolling statute, and that the Tennessee tolling statute does not apply to actions filed outside of Tennessee.
• Williams v. Globe Indem. Co.
  507 F.2d 837· 8th Cir.· 1974-10-30 ·cited 5×
  An insurer, acting as a subrogee, is barred by the same statute of limitations as its subrogor if the subrogor's claim would have been time-barred.
• Levy v. Baptist Hosp. OF Miami, Inc.
  210 So. 2d 730· Fla. 3d DCA· 1968-05-21 ·cited 5×
  The court reversed a judgment dismissing a survival action based on the statute of limitations, holding that claims brought under Florida's survival statute are governed by the same limitations period applicable to the underlying tort, not by the general three-year period for sta
• Crown Coat Front Co., Inc. v. United States
  395 F.2d 160· 2d Cir.· 1968-05-14 ·cited 5×
  The court held that the district court did not abuse its discretion in denying the motion to amend the complaint and properly dismissed the complaint as time-barred, as the prior filing in the Court of Claims did not toll the statute of limitations for the district court action.
• Mansell v. Mulberry Constr. Co.
  196 So. 2d 436· Fla.· 1967-03-15 ·cited 5×
  The court held that a doctor's examination constituted remedial treatment, tolling the statute of limitations for medical benefits, and that the claimant was entitled to attorney's fees.
• Harper v. The United States
  312 F.2d 436· Ct. Cl.· 1963-01-11 ·cited 5×·via Equitable Tolling
• Oddo v. Interstate Bakeries, Inc.
  271 F.2d 417· 8th Cir.· 1959-11-19 ·cited 5×
  A principal is liable for the fraud of its agent committed within the scope of employment, even if the principal did not know of the fraud, and cannot offset its own losses from the agent's embezzlement against the overcharges paid by the customer.
• United States v. B.G.G.
  53 F.4th 1353· 11th Cir.· 2022-11-22 ·cited 4×
  The Eleventh Circuit reversed a district court's dismissal of a criminal information with prejudice against defendant B.G.G., holding that the district court abused its discretion by failing to follow Federal Rule of Criminal Procedure 48(a)'s requirements for dismissals. The cou
• In re Bowles
  935 F.3d 1210· 11th Cir.· 2019-08-22 ·cited 4×·via Equitable Tolling
  Gary Ray Bowles, a death row inmate convicted of murder in 1994, sought authorization from the Eleventh Circuit to file a successive federal habeas petition claiming intellectual disability and thus ineligibility for execution under Atkins v. Virginia. The court denied his applic
• Gracita Chang v. Carnival Corp.
  839 F.3d 993· 11th Cir.· 2016-10-06 ·cited 4×·via Equitable Tolling
  A cruise passenger who slipped and fell on a Carnival cruise ship filed suit more than one year after the incident, missing the one-year limitation period in her cruise ticket. The passenger argued that equitable tolling should apply because she had timely filed suit in state cou
• Hummer v. Adams Homes OF Nw. Fla., Inc.
  198 So. 3d 750· Fla. 2d DCA· 2016-02-26 ·cited 4×·via Equitable Tolling
  Hummer appealed the dismissal of his defective drywall action against his home builder and drywall subcontractor. The court affirmed dismissal of property damage claims as barred by the statute of limitations but reversed dismissal of personal injury claims, finding the complaint
• State v. Amriesh Soebhag
  163 So. 3d 672· Fla. 2d DCA· 2015-04-29 ·cited 4×
  The statute of limitations was tolled during the defendant's absence from Florida, allowing prosecution despite the time elapsed since the charges were filed.
• Jerry ULM Dodge, Inc. v. Chrysler Grp. LLC
  78 So. 3d 20· Fla. 1st DCA· 2011-12-09 ·cited 4×·via Equitable Tolling
  Chrysler Group sought to establish a successor Dodge/Chrysler/Jeep dealership (North Tampa) to replace a bankrupt dealership (Wilson), claiming exemption from statutory notice and protest requirements. The Florida appellate court reversed the agency's decision, holding that the s
• Clark v. The Est. OF Johnie Vaden Elrod & H. Vernon Davids
  61 So. 3d 416· Fla. 2d DCA· 2011-04-01 ·cited 4×
  Clark appeals a judgment enforcing his former attorney Davids' charging lien for unpaid fees across three representation periods. The court reversed the award for the first stint as barred by the statute of limitations, but affirmed the quantum meruit recovery for the second stin
• Pearson v. State
  18 So. 3d 645· Fla. 1st DCA· 2009-08-14 ·cited 4×·via Tolling Provisions
  The court held that the trial court erred in denying the petitioner's motion for speedy trial discharge because the delay in trial was not attributable to the petitioner.
• Plaza Court, L.P. v. Baker-Chaput
  17 So. 3d 720· Fla. 5th DCA· 2009-06-26 ·cited 4×·via Equitable Tolling
  Plaza Court appealed a trial court judgment awarding rescission and damages to condominium purchasers under the Federal Interstate Land Sales Full Disclosure Act (ILSFDA). The court affirmed, holding that Plaza's two-year construction completion commitment was illusory due to ove
• Krause v. Textron Fin. Corp.
  10 So. 3d 208· Fla. 2d DCA· 2009-04-17 ·cited 4×
  Krause and Bautsch challenged a trial court dismissal of their unjust enrichment and constructive trust claims against Textron Financial Corporation on statute of limitations grounds. The court affirmed, holding that the appellants' state law claims against Textron were not entit
• Zack v. Crosby
  607 F. Supp. 2d 1291· N.D. Fla.· 2008-11-17 ·cited 4×·via Equitable Tolling
  A new constitutional right recognized by the Supreme Court, even if retroactively applicable, only revives claims based on that specific right and does not revive previously time-barred claims.
• In re Amendments to the Rules Regulating the Florida Bar
  978 So. 2d 91· Fla.· 2007-12-20 ·cited 4×
  The Florida Supreme Court considers proposed amendments to the Rules Regulating the Florida Bar submitted by The Florida Bar. The Court adopts most of the proposed amendments but declines to adopt a new rule establishing an informal 'conference and dialogue' process for future ba
• Lopez-Merced v. State
  949 So. 2d 362· Fla. 5th DCA· 2007-03-02 ·cited 4×
  Miguel Lopez-Merced appealed the trial court's summary denial of his post-conviction 3.850 motion as untimely. The appellate court reversed and remanded, holding that the trial court erred by not considering Lopez-Merced's argument that the two-year filing deadline was tolled due
• Watson v. Brevard Cnty. Clerk OF The Cir. Court & Fla. Comm'n on Human Relations
  937 So. 2d 1264· Fla. 5th DCA· 2006-09-29 ·cited 4×·via Equitable Tolling
  The court held that the appellant's arguments for equitable tolling and a five-day mailing extension were without merit, and therefore affirmed the dismissal of her employment discrimination complaint.
• Ginsberg v. ChemMED Corp.
  929 So. 2d 633· Fla. 1st DCA· 2006-05-11 ·cited 4×
  In this workers' compensation appeal, the court reversed a summary final order dismissing all claims based on the statute of limitations, holding that remedial treatment furnished through prescription medication should be measured from when the claimant finished taking the medica
• Maggio v. Dep't OF Labor & Emp. Sec. & the Agency for Workforce Innovation
  910 So. 2d 876· Fla. 2d DCA· 2005-08-10 ·cited 4×
  Janet Maggio brought an employment discrimination claim under Florida's Civil Rights Act alleging disability discrimination and hostile work environment against the Department of Labor and Employment Security. The case was remanded from the Florida Supreme Court to address whethe
• Saboor Abdullah v. State
  883 So. 2d 843· Fla. 5th DCA· 2004-08-13 ·cited 4×
  Abdullah was arrested based on an outstanding 1993 warrant for petit theft and contraband was found during a search incident to arrest. The court affirmed the denial of his motion to suppress, holding that although prosecution of the underlying 1993 offense was barred by the stat
• Jose H. Cortes, M.D. v. Williams
  850 So. 2d 634· Fla. 1st DCA· 2003-07-24 ·cited 4×
  A purchased 90-day extension of the statute of limitations under section 766.104(2) is added to the end of the original limitations period, including any tolling periods, for the purpose of filing a notice of intent to initiate litigation.
• Mikel K. Whiting v. Fla. Dep't OF LAW Enf't
  849 So. 2d 1149· Fla. 5th DCA· 2003-07-18 ·cited 4×·via Equitable Tolling
  Mikel Whiting, a dismissed FDLE employee, appealed his termination to the Public Employees Service Commission but filed his appeal one day late. The court affirmed the dismissal of his appeal because he failed to timely file within the statutory 14-day deadline and did not qualif
• Berntson v. State
  804 So. 2d 406· Fla. 4th DCA· 2001-10-03 ·cited 4×
• Est. of Cabello v. Fernandez-Larios
  157 F. Supp. 2d 1345· S.D. Fla.· 2001-08-10 ·cited 4×·via Equitable Tolling
  The Estate of Winston Cabello and family members sued Armando Fernandez-Larios under the Alien Tort Claims Act (ATCA), Torture Victim Protection Act (TVPA), and international law for the October 17, 1973 extrajudicial killing and torture of Winston Cabello during Chile's military
• Foster v. Cianci
  773 So. 2d 1181· Fla. 2d DCA· 2000-11-29 ·cited 4×
  A personal injury tort action is not a contingent claim, and the personal representative's failure to provide actual notice to a known claimant entitles that claimant to an extension to file their claim in probate.
• A. Paul Wendel, M.D. v. Daniel Hauser, M.D.
  726 So. 2d 378· Fla. 4th DCA· 1999-02-10 ·cited 4×
  The appellate court affirmed the trial court's decision to grant summary judgment against the appellant. The court held that the medical malpractice presuit screening procedures do not apply to contribution claims, and therefore, the appellant's contribution claim was time-barred
• Permenter v. GEICO Gen. Ins. Co.
  712 So. 2d 1178· Fla. 2d DCA· 1998-06-17 ·cited 4×
  A motion to amend a complaint does not toll the statute of limitations, and an amended complaint adding a new party does not relate back to the date of the motion.
• Donnie Ray Williams v. State
  707 So. 2d 897· Fla. 2d DCA· 1998-03-06 ·cited 4×
  The court held that the State's failure to serve the defendant with process without unreasonable delay constituted a failure to commence prosecution within the statutory limitations period.
• Zillyette v. Cap. One Fin. Corp.
  1 F. Supp. 2d 1435· M.D. Fla.· 1998-02-13 ·cited 4×·via Equitable Tolling
  The court held that the plaintiff's ADA claim was time-barred due to failure to file within ninety days of receiving notice of the right-to-sue letter, and that the plaintiff failed to establish knowledge of his HIV diagnosis by the employer for a discriminatory discharge claim.
• Robinson v. Merkle
  700 So. 2d 723· Fla. 2d DCA· 1997-09-19 ·cited 4×·via Tolling Provisions
  A West Virginia resident injured at birth in West Virginia sued in Florida for medical malpractice against the deceased doctor's estate. The Florida trial court dismissed the complaint under Florida's two-year statute of limitations, but the appellate court reversed, holding that