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

• Gulfstream Press, Inc. v. Acle
  697 So. 2d 213· Fla. 1st DCA· 1997-07-22 ·cited 4×
  Gulfstream Press and Chubb Group of Insurance Companies appealed an order denying their statute of limitations defense to an employee's claim for future medical treatment under workers' compensation. The court reversed, holding that the two-year statute of limitations under Flori
• Denno Ex Rel. Denno v. Sch. Bd. of Volusia Cnty.
  959 F. Supp. 1481· M.D. Fla.· 1997-02-03 ·cited 4×
  The court held that while a heightened pleading standard does not apply to § 1983 claims against local governments, it does apply to claims against individual officials in their individual capacities, and that the plaintiff failed to allege a clearly established constitutional ri
• Palmer Trinity Private Sch., Inc. v. Robbins
  681 So. 2d 809· Fla. 3d DCA· 1996-10-09 ·cited 4×
  The court held that the failure of the property appraiser to send a renewal application does not toll the sixty-day period for challenging a tax assessment when the taxpayer has actual notice of the certification date.
• Iberoamerican Elecs. v. Moore Bus. Forms, Inc.
  679 So. 2d 295· Fla. 3d DCA· 1996-07-31 ·cited 4×
  Iberoamerican Electronics appealed a forum non conveniens dismissal to Brazil, arguing the trial court should have imposed additional conditions including a waiver of foreign procedural bars. The Third District affirmed the dismissal, holding that the two conditions imposed (cons
• Sanchez v. Acapulco Plasters & Stucco & Fla. Home Builders
  668 So. 2d 298· Fla. 1st DCA· 1996-02-21 ·cited 4×
  The court held that the appellant's filing of a 'Claim for Benefits' and 'Request for Assistance' tolled the statute of limitations, even though a formal 'Petition for Benefits' was not filed within the two-year period.
• Houston-Miller v. U.S. Fire Ins. & Crum & Forster Commercial Ins.
  668 So. 2d 653· Fla. 1st DCA· 1996-02-20 ·cited 4×
  June Houston-Miller appealed the dismissal of her workers' compensation petition on statute of limitations grounds, arguing that payment of her attorney's fee should toll the two-year limitations period. The court held that attorney's fees are not "compensation" under Florida law
• Horn v. State
  665 So. 2d 1122· Fla. 1st DCA· 1996-01-04 ·cited 4×
  This case addresses whether the 3-year federal maritime statute of limitations or the 4-year Florida sovereign immunity waiver statute of limitations applies to negligence claims brought against a state agency for maritime torts. The court held that Florida's 4-year statute of li
• N.G. v. Arvida Corp.
  630 So. 2d 1164· Fla. 3d DCA· 1993-12-21 ·cited 4×
  The court held that the statute of limitations was not tolled because the plaintiff had access to the courts through a next friend or guardian ad litem.
• Cooke v. Manufactured Homes
  998 F.2d 1256· 4th Cir.· 1993-07-09 ·cited 4×·via Equitable Tolling
  Summary judgment was proper for claims accruing after December 17, 1988, as the market was fully apprised of the company's financial condition, but was improper for claims accruing before that date due to a mix of information creating a genuine issue of material fact. Section 27A
• Oropallo v. United States
  994 F.2d 25· 1st Cir.· 1993-05-24 ·cited 4×·via Equitable Tolling
  The court held that a taxpayer's claim for a refund is barred by the statute of limitations, and the equitable tolling doctrine does not apply to the specific limitations periods at issue.
• Baker v. The Bd. OF Regents OF the State of Kan. & Univ. of Kan. Med. School-School of Med.
  991 F.2d 628· 10th Cir.· 1993-04-12 ·cited 4×·via Equitable Tolling
  The court held that the appellant's federal claims were barred by the two-year statute of limitations, and the trial court did not err in dismissing the state law contract claim.
• The United States v. The Cocoa Berkau
  990 F.2d 610· Fed. Cir.· 1993-03-30 ·cited 4×
  The Court of Appeals held that the government's action to recover liquidated damages for breach of an entry bond was time-barred because the statute of limitations began to run upon the principal's failure to redeliver the merchandise, not upon the surety's subsequent failure to
• Leon v. Murphy
  988 F.2d 303· 2d Cir.· 1993-03-05 ·cited 4×
  The court held that the plaintiff's federal claims were barred by the statute of limitations and that his conspiracy claims lacked sufficient factual support to withstand summary judgment.
• Truitt v. Metro. Mortg. Co.
  609 So. 2d 142· Fla. 4th DCA· 1992-12-02 ·cited 4×
  Bessie Truitt appealed the dismissal of her fraud complaint against a mortgage company, arguing the trial court erroneously applied the statute of limitations at the motion to dismiss stage. The appellate court reversed, holding that Truitt's allegations of a fiduciary relationsh
• Brown v. Walt Disney World Co.
  805 F. Supp. 1554· M.D. Fla.· 1992-11-03 ·cited 4×·via Equitable Tolling
  The court held that while race was a motivating factor in employment decisions, the employer would have made the same termination decision based on performance issues alone.
• Farrell v. Captain Lawrence McDONOUGH
  966 F.2d 279· 7th Cir.· 1992-06-30 ·cited 4×
  The court held that the inmate's section 1983 complaint against the captain was time-barred because the amended complaint was filed outside the applicable two-year statute of limitations and did not relate back.
• Bottineau Farmers Elevator v. Woodward-Clyde Consultants
  963 F.2d 1064· 8th Cir.· 1992-05-05 ·cited 4×
  The court held that the North Dakota tolling statute, as it existed before 1989, was unconstitutional because it impermissibly burdened interstate commerce by requiring foreign corporations to choose between appointing an agent for service of process or facing perpetual liability
• Carimi v. Royal Carribean Cruise Line, Inc.
  959 F.2d 1344· 5th Cir.· 1992-05-04 ·cited 4×
  A default judgment entered without proper service of process is void and must be vacated, even if the defendant is sophisticated and received mail.
• Jackson v. City OF Beaumont Police Dep't
  958 F.2d 616· 5th Cir.· 1992-04-03 ·cited 4×·via Tolling Provisions
  The court held that the district court erred in denying the officers' Rule 12(b)(6) motion to dismiss by improperly conflating the standards for dismissal under Rule 12(b)(6) and 28 U.S.C. § 1915(d), and that the plaintiff failed to meet the heightened pleading requirements for q
• United States v. Shell
  961 F.2d 138· 9th Cir.· 1992-04-03 ·cited 4×
  A properly sealed indictment tolls the statute of limitations, and a defendant must show actual prejudice to succeed on a Sixth Amendment speedy trial claim based on delay, not just anxiety.
• Favorite v. Marine Pers. & Provisioning, Inc.
  955 F.2d 382· 5th Cir.· 1992-03-12 ·cited 4×·via Equitable Tolling
  The court held that the USNS SEALIFT CARIBBEAN was a public vessel and the operating company was an agent of the United States, making the plaintiff's exclusive remedy against the United States under the Suits in Admiralty Act, and that the two-year statute of limitations barred
• King Smith, Jr. v. City OF Chicago Heights
  951 F.2d 834· 7th Cir.· 1992-01-13 ·cited 4×·via Equitable Tolling
  The court held that Illinois' fraudulent concealment statute does not apply when the identity of the tortfeasor is concealed, but remanded for consideration of equitable tolling and estoppel.
• Boronat v. Sullivan
  788 F. Supp. 557· S.D. Fla.· 1992-01-07 ·cited 4×·via Equitable Tolling
  The court held that its prior order of remand did not constitute a final judgment for the purpose of filing an application for attorney's fees under the Equal Access to Justice Act, and therefore, the court retained jurisdiction to enter a final judgment.
• W.M. Scheerer v. Rose State Coll.
  950 F.2d 661· 10th Cir.· 1991-12-04 ·cited 4×·via Equitable Tolling
  The court held that there is no cause of action against the EEOC for misprocessing claims and that claims under 42 U.S.C. § 1981, § 1982, and Title VII were properly dismissed as untimely or lacking factual support.
• Overstreet v. Ky. Cent. Life Ins. Co.
  950 F.2d 931· 4th Cir.· 1991-12-04 ·cited 4×
  The court held that the statute of limitations for wrongful death claims in Virginia is subject to tolling by equitable estoppel or fraudulent concealment, and that genuine issues of material fact existed regarding the insurer's conduct, precluding summary judgment on those claim
• Wilder v. Meyer
  779 F. Supp. 164· S.D. Fla.· 1991-10-08 ·cited 4×·via Equitable Tolling
  Summary judgment is granted for claims barred by the statute of limitations and denied for claims where genuine issues of material fact remain.
• Columbia Pictures Indus., Inc. v. Prof'l Real Est. Invs., Inc.
  944 F.2d 1525· 9th Cir.· 1991-09-24 ·cited 4×·via Equitable Tolling
  The Ninth Circuit held that a lawsuit brought with probable cause is not a sham under the Noerr-Pennington doctrine, even if the plaintiff did not subjectively believe it was meritorious, and affirmed summary judgment for the movie studios on antitrust counterclaims.
• Dean v. Veterans Admin. Reg'l Off.
  943 F.2d 667· 6th Cir.· 1991-09-06 ·cited 4×·via Equitable Tolling
  A complaint is considered filed for statute of limitations purposes when it is presented to the clerk's office with an application to proceed in forma pauperis, even if not formally stamped until later. However, the complaint was properly dismissed for failure to name the proper
• Schneider v. TRW, Inc.
  938 F.2d 986· 9th Cir.· 1991-07-10 ·cited 4×·via Equitable Tolling
  Summary judgment for the employer is affirmed because the employee failed to raise a triable issue of material fact regarding her claims, including that her layoff was due to a legitimate reduction in force and not discriminatory reasons.
• Charles M. Doyle & 4 v. The United States
  931 F.2d 1546· Fed. Cir.· 1991-04-30 ·cited 4×
  The court held that the Government's delay in paying overtime did not constitute a willful violation of the FLSA, thus the two-year statute of limitations applied and barred most claims, and that the Government's sovereign immunity barred claims for interest or delay damages.
• Marx v. Kelly, Hart & Hallman, P.C.
  929 F.2d 8· 1st Cir.· 1991-03-26 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the complaint for deliberate failure to comply with discovery orders and court directives.
• Miles v. Ashland Chem. Co.
  924 F.2d 1026· 11th Cir.· 1991-02-27 ·cited 4×
  The court certified a question to the Georgia Supreme Court regarding the application of the discovery rule to wrongful death actions based on failure to warn.
• Brown v. Hartshorne Pub. Sch. Dist. # 1
  926 F.2d 959· 10th Cir.· 1991-02-20 ·cited 4×
  The court held that the Title VII claim was time-barred, but the section 1983 claim against the school district was saved by Oklahoma's statute of limitations. The section 1983 claim against the board members was time-barred.
• Henson-El v. D.C. Rogers
  923 F.2d 51· 5th Cir.· 1991-02-01 ·cited 4×
  The court held that the plaintiff's civil rights action was properly dismissed because the applicable statute of limitations had expired.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Lavery v. Marsh
  918 F.2d 1022· 1st Cir.· 1990-11-20 ·cited 4×·via Equitable Tolling
  The court held that the thirty-day limitations period from Title VII applies to federal employee age discrimination claims under the ADEA, and that the plaintiff was not entitled to equitable tolling.
• McCarthy v. Barnett Bank of Polk Cnty.
  750 F. Supp. 1119· M.D. Fla.· 1990-10-15 ·cited 4×·via Equitable Tolling
  The court held that most claims stated a claim for relief, but dismissed specific 10b-5(b) and Section 12(1) claims for certain plaintiffs due to failure to plead misrepresentation or untimeliness.
• State v. Guthrie
  567 So. 2d 544· Fla. 2d DCA· 1990-10-03 ·cited 4×
  The State of Florida appealed the dismissal of a grand theft charge filed outside the statute of limitations. The court affirmed the dismissal, holding that the tolling provision in section 775.15(6) does not apply to the five-year statute of limitations for theft under section 8
• Constantine v. State
  566 So. 2d 321· Fla. 2d DCA· 1990-08-17 ·cited 4×
  David Constantine appeals the summary denial of his motion for postconviction relief, challenging the conviction on lewd assault charges filed outside the statute of limitations. The court affirms most issues but reverses and remands regarding the statute of limitations defense f
• Vargas v. Glades Gen. Hosp.
  566 So. 2d 282· Fla. 4th DCA· 1990-07-25 ·cited 4×
  Parents of a minor child appealed summary judgment dismissing their medical malpractice suit against Glades General Hospital, claiming the statute of limitations was tolled by fraudulent concealment or lack of notice of injury. The court affirmed, holding that the parents had act
• In re Coordinated Pretrial Proceedings IN Petroleum Prods. Antitrust Litig. State OF Ariz. v. Standard OIL Co. OF Cal.
  906 F.2d 432· 9th Cir.· 1990-06-22 ·cited 4×·via Equitable Tolling
  The court held that the district court erred in granting summary judgment because the plaintiffs presented sufficient evidence of a conspiracy to fix prices, and the defendants' alternative explanation of interdependent pricing was not sufficiently plausible to warrant summary ju
• Chaffin v. Rheem Mfg. Co.
  904 F.2d 1269· 8th Cir.· 1990-06-12 ·cited 4×·via Equitable Tolling
  The court held that the plaintiff's claim regarding the 1984 promotion was time-barred and that the employer provided legitimate, non-discriminatory reasons for denying the 1988 promotion, which the plaintiff failed to prove were pretextual. Class certification was also properly
• Soto v. United States Postal Serv.
  905 F.2d 537· 1st Cir.· 1990-06-06 ·cited 4×·via Equitable Tolling
  The court held that a pro se plaintiff's discrimination claim against the U.S. Postal Service was properly dismissed because the Postmaster General was the required defendant and the statute of limitations barred amendment after the plaintiff failed to serve the proper party with
• Abel H. Hernandez v. Aldridge
  902 F.2d 386· 5th Cir.· 1990-06-05 ·cited 4×·via Equitable Tolling
  A complaint submitted to the district court clerk within the statutory time limit is considered 'filed' for purposes of the 30-day requirement, even if the clerk delays the formal filing.
• Farmers & Merchs. Nat'l Bank v. Bryan
  902 F.2d 1520· 10th Cir.· 1990-05-10 ·cited 4×
  The court held that the jury had sufficient evidence to find that the statute of limitations was tolled under the doctrine of adverse domination, and that the trial court did not abuse its discretion in admitting certain evidence.
• Krug v. Vince Imbordino
  896 F.2d 395· 9th Cir.· 1990-02-15 ·cited 4×
  The court held that Krug's claims are barred by the statute of limitations or are meritless, and affirmed the district court's grant of summary judgment.
• United States v. Pilar Villapudua-Perada
  896 F.2d 1154· 9th Cir.· 1990-02-09 ·cited 4×
  The court held that the thirty-day period for the district court to modify its dismissal order was tolled while the defendant was a fugitive, thus the court retained jurisdiction to reinstate the conviction.
• United States v. Wells
  893 F.2d 535· 2d Cir.· 1990-01-19 ·cited 4×·via Tolling Provisions
  The court held that the district court erred in dismissing the indictment with prejudice, as the government's actions did not constitute the level of misconduct required for such a dismissal, and the indictment sufficiently stated an offense under 18 U.S.C. § 912.
• Shane v. Shane
  891 F.2d 976· 1st Cir.· 1989-12-20 ·cited 4×
  The court affirmed the jury's verdict, finding sufficient evidence to support the damages awarded and that the jury properly considered evidence of stock dilution.
• Studnicka v. Honorable James T. Carlisle
  553 So. 2d 392· Fla. 4th DCA· 1989-12-13 ·cited 4×
  Petitioner, a criminal defendant, seeks a writ of prohibition challenging a trial court's denial of his motion to dismiss two counts of an indictment on statute of limitations grounds. The appellate court granted the petition, finding the trial court erred by failing to hold an e