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

• Diaz v. Pan-American Life Ins. Co.
  296 So. 2d 534· Fla. 3d DCA· 1974-04-30 ·cited 4×
  The court held that the insurer's letter acknowledging the policy's maturity and willingness to pay tolled the statute of limitations, making summary judgment for the defendant erroneous. The court also held that denying the plaintiff's motion for summary judgment was error.
• Luria Steel & Trading Corp. & Hyman-Michaels Co. v. Ogden Corp.
  484 F.2d 1016· 3d Cir.· 1973-09-06 ·cited 4×
  Federal Trade Commission proceedings alleging violations of the FTC Act can toll the statute of limitations under Clayton Act § 5(b), and the statute was tolled as to all defendants in this case due to the 1954 FTC proceeding.
• Guffey v. Mehan
  457 F.2d 777· 8th Cir.· 1972-03-24 ·cited 4×
  The court held that the plaintiff's action was not barred by the statute of limitations because the filing of the initial state action tolled the statute, despite the plaintiff's attorney's mistake in venue, given the circumstances.
• Hunter v. Atchinson
  466 F.2d 490· 6th Cir.· 1972-01-10 ·cited 4×
  The court held that the determination of when the 180-day statute of limitations began to run requires an evidentiary hearing, and thus the dismissal was premature.
• Harrison v. Thompson
  447 F.2d 459· 5th Cir.· 1971-08-20 ·cited 4×
  The court held that the district court erred in dismissing the complaint based on the statute of limitations without allowing the plaintiff an opportunity to present evidence on tolling.
• United States v. Cooper-Smith
  439 F.2d 1095· 2d Cir.· 1971-03-12 ·cited 4×·via Suspension Of Statute Of Limitations
  The court held that the taxpayer's offer of compromise, which included a waiver of the statute of limitations and agreement to suspension, effectively extended the time for the government to bring suit.
• Partis v. Miller Equip. Co., Inc.
  439 F.2d 262· 6th Cir.· 1971-03-05 ·cited 4×
  The court held that the statute of limitations was tolled for foreign corporations not present in the state, even if amenable to service under the long-arm statute.
• Schoenfeld v. Neher
  428 F.2d 152· 10th Cir.· 1970-06-29 ·cited 4×
  The court held that the California statute of limitations was tolled by the defendants' absence from the state, and Colorado's borrowing statute incorporates this tolling provision, thus the action was not time-barred.
• United States v. Guglielmini
  425 F.2d 439· 2d Cir.· 1970-04-27 ·cited 4×
  The court held that the statute of limitations for concealing bankrupt assets is tolled until a discharge is granted or denied, and a waiver of discharge is equivalent to a denial for tolling purposes. It also held that a co-defendant's grand jury testimony could be used for impe
• Brown v. The United States
  391 F.2d 653· Ct. Cl.· 1968-03-15 ·cited 4×·via Suspension Of Statute Of Limitations
  The court held that the actual filing date of a tax return, not the deemed timely date under IRC § 7503, commences the statute of limitations for assessment of deficiencies.
• Thomas v. Moorman
  199 So. 2d 719· Fla.· 1967-06-07 ·cited 4×
  The Florida Supreme Court reversed a District Court decision that voided a tax deed issued to servicemembers' property, holding that the Soldiers' and Sailors' Civil Relief Act renders tax deeds voidable rather than void ab initio, and that the servicemember must exercise redempt
• Ellard G. Conn and Victor Conn v. The United States
  366 F.2d 1019· Ct. Cl.· 1966-10-14 ·cited 4×
  The court held that all claims remaining in suit are timely because they were subject to administrative determination, and such action concluded less than six years prior to the filing of suit.
• United States v. Shahadi
  340 F.2d 56· 3d Cir.· 1965-01-08 ·cited 4×
  The statute of limitations for collection of taxes based on jeopardy assessments is tolled while the determination of liability is under consideration in the Tax Court.
• Fermin v. Veterans Admin.
  312 F.2d 554· 9th Cir.· 1963-01-30 ·cited 4×
  The court held that the district court properly dismissed the petition for writ of mandate.
• Peterson v. Tharp
  299 F.2d 434· 5th Cir.· 1962-02-01 ·cited 4×
  The court held that the partnership accounting action was not barred by defenses of illegality, statute of limitations, condonation, or estoppel, and the trial court's findings were supported by the record.
• Scurlock OIL Co. v. Three States Contracting Co., Inc.
  272 F.2d 169· 5th Cir.· 1959-12-03 ·cited 4×
  The court held that the Texas tolling statute did not apply to the plaintiff's refiled action, and the suit was barred by the statute of limitations.
• Chamberlain v. Mrs. Roy E. Lowe
  252 F.2d 563· 6th Cir.· 1958-02-28 ·cited 4×
  The court held that Ohio's "saving clause," which tolls statutes of limitation for defendants absent from the state, applies even if the plaintiff could have served the defendant via substituted service on the Secretary of State.
• Williams v. Coughlan
  244 F.2d 6· 9th Cir.· 1957-04-30 ·cited 4×
  The court held that the plaintiff's claims were barred by the statute of limitations, and the statute was not tolled by his subsequent imprisonment.
• Mrs. Estelle Byrd and J. N. Byrd, Jr. v. Mrs. Willie Louis Bates
  243 F.2d 670· 5th Cir.· 1957-04-12 ·cited 4×
  The court held that the determination of whether an action was 'commenced and prosecuted' under Texas law, for statute of limitations purposes, involves factual questions of reasonable diligence and bona fide intent, which cannot be resolved by summary judgment.
• Moore v. Dunham
  240 F.2d 198· 10th Cir.· 1956-12-24 ·cited 4×
  The court held that failure to file a return receipt under the Nonresident Motorist Act invalidates service, and that substituted service under the Act negates the tolling of the statute of limitations due to the defendant's absence from the state.
• Walter Bledsoe & Co. v. Elkhorn Land Co.
  219 F.2d 556· 6th Cir.· 1955-03-01 ·cited 4×
  The court held that the appellant was liable for unpaid royalties because the lease had not terminated due to coal exhaustion and the defenses of laches, estoppel, and limitations were inapplicable.
• Taylor v. Houston
  211 F.2d 427· D.C. Cir.· 1954-03-04 ·cited 4×
  The court held that the proviso in the statute of limitations for mental incompetency does not apply when the disability arises after the cause of action accrues.
• Furrow v. Koutsky-Brennan-Vana Co.
  182 F.2d 496· 9th Cir.· 1950-05-17 ·cited 4×
  The court held that retailers who paid overceiling prices in a blackmarketing conspiracy are in pari delicto with the wholesaler and cannot recover the full amounts paid, except for those who received no lumber.
• Gibson v. Nadel
  164 F.2d 970· 5th Cir.· 1947-12-05 ·cited 4×
  The court held that the statute tolling limitations for absent debtors applies even if the defendant has an agent in Texas for service of process.
• Maxwell v. United States
  141 F.2d 139· 7th Cir.· 1944-03-07 ·cited 4×·via Suspension Of Statute Of Limitations
  The court held that administrative consideration of a veteran's claim does not revive a right to sue in federal court after it has been barred by the statute of limitations.
• In re Verona Const. Co.
  126 F.2d 976· 3d Cir.· 1942-03-23 ·cited 4×
  The court held that for continuing concealments of assets, the four-month period for filing an involuntary bankruptcy petition begins to run from the date of discovery by creditors, not from the date of the concealment itself.
• Loughman v. Town OF Pelham (Employers Liab. Assur. Corp.
  126 F.2d 714· 2d Cir.· 1942-03-09 ·cited 4×
  The court held that a pledge of bank assets to secure a town deposit was ultra vires and that the statute of limitations barred recovery of proceeds from the sale of bonds, but not dividends paid under mutual mistake.
• Signal OIL & GAS Co. v. United States
  125 F.2d 476· 9th Cir.· 1942-01-22 ·cited 4×·via Suspension Of Statute Of Limitations
  The suits for unpaid taxes were not barred by the statute of limitations because the running of the statute was suspended during tax board proceedings and assessments were made within the extended periods.
• Sinclair Ref. Co. v. Bennett
  123 F.2d 884· 6th Cir.· 1941-11-11 ·cited 4×
  The court held that the second lawsuit was timely filed due to a prior dismissed action, and that the damages awarded were appropriate given the likely permanent nature of the pollution.
• Haviland v. Hargis
  9 Fla. 15· Fla.· 1860-01-01 ·cited 4×
  Haviland, Clark & Co. sued Robert B. Hargis on a promissory note executed in Alabama in 1849, but the action was not brought until 1856. Hargis pleaded the statute of limitations, and plaintiffs sought to avoid the bar by claiming Hargis had removed out of the State of Alabama to
• Marquetti v. Sec'y, Dep't of Corr. (Hillsborough County)
  2021 WL 1853655· M.D. Fla.· 2025-08-18 ·cited 3×·via Equitable Tolling
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed years after the one-year limitation period expired, and equitable tolling or actual innocence exceptions did not apply.
• Febles v. Am. Health Reform Solutions, LLC
  2019 WL 3997072· M.D. Fla.· 2024-11-15 ·cited 3×·via Equitable Tolling
  The court granted conditional certification of a collective action, approved notice procedures, and stayed proceedings pending mediation, finding the parties' stipulation regarding tolling to be sufficient.
• Griffin v. Sec'y, Dep't of Corr.
  2024 WL 964197· M.D. Fla.· 2024-10-21 ·cited 3×·via Equitable Tolling
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because he failed to demonstrate entitlement to equitable tolling.
• Williams v. Dixon
  N.D. Fla.· 2024-02-12 ·cited 3×·via Tolling Provisions
  The court held that the case should be dismissed because the claims are barred by the statute of limitations and the plaintiff failed to fully disclose his litigation history.
• Dudley Lamont Mackey v. State
  333 So. 3d 775· Fla. 1st DCA· 2022-01-26 ·cited 3×
  The appellate court granted a petition for writ of prohibition, ordering the discharge of a petitioner charged with drug offenses. The court found that the three-year statute of limitations had expired because the state failed to demonstrate a diligent search for the petitioner,
• Rodriguez v. Dep't of Bus. & Prof'l Reg.
  326 So. 3d 796· Fla. 3d DCA· 2021-08-25 ·cited 3×·via Equitable Tolling
  The Department's compliance with statutory notice provisions, which included certified mail, regular mail, e-mail, telephone contact, website posting, and media notification, satisfied due process requirements. However, the case was reversed and remanded to allow Rodriguez to pur
• S.Y. v. Naples Hotel Co.
  M.D. Fla.· 2021-04-29 ·cited 3×·via Equitable Tolling
  A sex trafficking victim sued Choice Hotels International and a hotel franchisee operator alleging she was trafficked at a Quality Inn hotel between 2013 and February 2016, and the defendants denied motions to dismiss her claims for violation of the Trafficking Victims Protection
• Serenity Harper v. GEICO Gen. Ins. Co.
  272 So. 3d 448· Fla. 2d DCA· 2019-03-01 ·cited 3×
  The sixty-day cure period under section 624.155(3)(d) begins when the insured electronically files the CRN with the Department of Financial Services, not when the insurer actually receives the notice. An insurer must pay the claim or take corrective action within sixty days from
• Fanali v. R.J. Reynolds Tobacco Co.
  220 So. 3d 1209· Fla. 4th DCA· 2017-06-21 ·cited 3×
  The court held that the wrongful death action was time-barred because the decedent was not a member of the Engle class, as his illnesses manifested before the class certification date, and thus his survivors could not rely on Engle to toll the statute of limitations.
• Madison Highlands, LLC v. Fla. Hous. Fin. Corp.
  220 So. 3d 467· Fla. 5th DCA· 2017-02-24 ·cited 3×·via Equitable Tolling
  Madison Highlands challenged the Florida Housing Finance Corporation's dismissal of its petition for an administrative hearing on a housing tax credit award, claiming the dismissal was untimely and that it lacked standing. The appellate court reversed, holding that equitable toll
• Morelli v. State
  198 So. 3d 997· Fla. 4th DCA· 2016-08-10 ·cited 3×
  Michael Morelli petitioned for a writ of prohibition to prevent prosecution for false imprisonment and battery, arguing the statute of limitations barred the charges. The trial court denied his motion to dismiss, but the appellate court granted the petition, finding the ten-year
• Firestone v. Temple Beth Sholom
  183 So. 3d 1225· Fla. 3d DCA· 2016-01-20 ·cited 3×
  Joyce Firestone appealed a judgment dismissing her sexual abuse claims against Temple Beth Sholom on statute of limitations grounds. The court affirmed, holding that her vicarious liability and fiduciary duty claims do not qualify for the extended limitations periods available un
• W. Brook Isles P'r's 1, LLC v. Commonwealth Land Title Ins. Co.
  163 So. 3d 635· Fla. 2d DCA· 2015-04-24 ·cited 3×·via Equitable Tolling
  West Brook Isles Partners sued its former attorney, his law firm, and a title insurance company for failing to disclose that property it purchased in 2004 was encumbered condominium units rather than unencumbered raw land. The court affirmed summary judgment, holding that WBI's c
• Robinson v. State
  153 So. 3d 313· Fla. 1st DCA· 2014-11-24 ·cited 3×
  Robinson challenged the denial of his motion to dismiss on statute of limitations grounds. The court held that Florida's statute of limitations for felony prosecution was properly tolled under section 775.15(5) during Robinson's continuous absence from the state, making prosecuti
• X.G. v. State
  106 So. 3d 90· Fla. 2d DCA· 2013-02-08 ·cited 3×·via Tolling Provisions
  The court held that a juvenile's probation cannot be revoked for violating a condition that was not imposed in the specific case.
• Beyer v. State
  76 So. 3d 1132· Fla. 4th DCA· 2012-01-11 ·cited 3×
  Cheryl Ann Beyer sought a writ of prohibition to prevent prosecution in two 1988 criminal cases where she was never served with process and only discovered the charges in 2010 during a background check. The court held that the statute of limitations had expired under the 1987 ver
• Gertrude Patrick v. Lionel Gatien, D.O.
  65 So. 3d 42· Fla. 1st DCA· 2011-05-18 ·cited 3×
  The court held that the plaintiff's medical malpractice complaint was filed outside the applicable statute of limitations, even with extensions and tolling periods.
• Theocharis Varitimidis v. Walgreen Company/Sedgwick Claims Mgmt. Servs., Inc.
  58 So. 3d 406· Fla. 1st DCA· 2011-04-14 ·cited 3×
  The court held that the Judge of Compensation Claims (JCC) erred in finding the claimant's petition for benefits barred by the statute of limitations, as the furnishing of medical benefits tolled the limitations period.
• In re Chiquita Brands Intern.
  690 F. Supp. 2d 1296· S.D. Fla.· 2010-02-04 ·cited 3×·via Equitable Tolling
  The court held that plaintiffs sufficiently pled fraudulent concealment to avoid dismissal based on the statute of limitations, and that the allegations of international terrorism were adequate.
• State v. Bonawitz
  997 So. 2d 460· Fla. 4th DCA· 2008-12-10 ·cited 3×
  Florida appealed the dismissal of a 2007 aggravated battery information against Bonawitz filed more than three years after the December 2003 crime. The Fourth District Court of Appeal reversed, holding that the 2007 information was valid under the superseding indictment doctrine