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
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The court held that it lacked jurisdiction to consider a motion for an extension of time to file a habeas petition when no petition had been filed.
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The court denied the motion to stay execution, finding no substantial likelihood of success on the merits for the petitioner's claims regarding the denial of his Rule 60(b) motion and his post-judgment motion to amend.
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The court held that the petitioner's § 2254 petition is untimely and equitable tolling does not apply, leading to dismissal.
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401 So. 3d 416·
Fla. 3d DCA·
2024-09-11
·cited 2×
This appeal arises from a decades-long dispute involving allegations of fraud, abuse, and self-dealing by John Schmitz and his wife Lucila in their management of a closely-held real estate corporation. The trial court found John liable on multiple claims for breach of contract, b
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The Eleventh Circuit lacks jurisdiction to review the Board of Immigration Appeals' denial of asylum based on untimeliness, and substantial evidence supports the BIA's denial of withholding of removal and Convention Against Torture relief.
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305 So. 3d 13·
Fla. 3d DCA·
2020-06-10
·cited 2×
The Goodenows appealed a trial court's denial of their motion to stay foreclosure proceedings, framing it as an appeal from an order denying an injunction. The Florida District Court of Appeal held that an order denying a motion to stay is not appealable as of right and does not
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259 So. 3d 869·
Fla. 4th DCA·
2018-11-21
·cited 2×
Southern Specialties appealed a trial court judgment finding its unjust enrichment claim time-barred and awarding attorney's fees to Farmhouse based on a rejected offer of judgment. The appellate court affirmed the statute of limitations ruling but reversed the attorney's fees aw
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The presuit notice requirements of Florida Statute section 766.102(5)(a) require that a medical expert's specialty match or be similar to that of the specialist defendant, and an infectious disease specialist cannot satisfy this requirement for an ophthalmologist defendant.
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238 So. 3d 906·
Fla. 1st DCA·
2018-02-23
·cited 2×
Andrew Murphy sought workers' compensation benefits in 2016, more than two years after his employer last provided benefits in 2013. The central dispute was whether Murphy's petition was timely under Florida's statute of limitations, turning on whether the presence of permanently
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217 So. 3d 228·
Fla. 1st DCA·
2017-04-24
·cited 2×
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206 So. 3d 742·
Fla. 1st DCA·
2016-09-06
·cited 2×
The Florida appellate court reversed the trial court's denial of a defendant's motion to dismiss, finding that an eight-year delay between the filing of charges and prosecution violated the defendant's Sixth Amendment right to a speedy trial. The State failed to lodge a detainer
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The dissenting judge argues that the majority erred in holding that Section 4(a)(2) of the ADEA authorizes disparate impact claims by job applicants and that such plaintiffs may be entitled to equitable tolling. The dissent asserts that the plain language of Section 4(a)(2) limit
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The appellate court affirmed a summary judgment, holding that the plaintiff's negligence and product liability claims were barred by the maritime law statute of limitations. The court rejected the plaintiff's argument for equitable tolling, finding that her ignorance of her legal
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179 So. 3d 466·
Fla. 4th DCA·
2015-11-18
·cited 2×
The court reversed one of two sexual battery convictions where the statute of limitations had expired before the 2003 amendment became effective, while affirming the other conviction where the limitations period had not yet run. The case turns on the proper application of retroac
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98 So. 3d 1228·
Fla. 1st DCA·
2012-10-02
·cited 2×
The court held that a motion for attorney's fees is not a "claim" as used in section 440.30, Florida Statutes, and therefore, an attorney is entitled to fees for attending a deposition noticed by the employer/carrier when no petition for benefits has been filed.
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82 So. 3d 1082·
Fla. 2d DCA·
2012-01-18
·cited 2×
Jonathan Fuss appeals summary judgment dismissing his fraud claim against his former partner David Gross concerning the unequal sale proceeds from two funeral homes sold in 1997. Judge Altenbernd dissents from the majority's affirmance, arguing that material factual questions exi
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The court held that an appeal from an order approving a settlement is not equitably moot when the settlement funds have not been irrevocably transferred and effective relief can still be granted on appeal, even without a stay pending appeal.
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751 F. Supp. 2d 1289·
S.D. Fla.·
2010-10-20
·cited 2×
The court held that the plaintiff's 42 U.S.C. § 1983 claim was time-barred by the statute of limitations and that the defendant did not act under color of state law, thus granting summary judgment for the defendant.
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The court held that the plaintiffs' allegations, taken as true, were sufficient to state a plausible claim for conspiracy to fix prices under the Sherman Act, thus surviving the motion to dismiss.
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The court found that Defendant Huff violated federal securities laws by siphoning funds and artificially inflating Certified's financial condition, and ordered disgorgement of ill-gotten gains.
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A former husband appealed the dismissal of his petition to disestablish paternity and terminate child support after DNA tests showed he was not the biological father. The court affirmed the dismissal, holding that Florida Statute § 742.18 requires DNA tests to be administered wit
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The court held that the plaintiff's fraud-based claims were barred by the statute of frauds and contradicted by loan documents, and that statutory claims were time-barred or inadequately pled.
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36 So. 3d 701·
Fla. 1st DCA·
2010-03-31
·cited 2×
In this workers' compensation appeal, the court affirmed the trial court's dismissal of a claimant's 2008 petition for benefits on statute of limitations grounds. The claimant had filed a 2007 petition, then filed a Notice of Resolution of Issues suggesting settlement, and later
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32 So. 3d 661·
Fla. 1st DCA·
2010-03-10
·cited 2×
Appellants filed a class action complaint against mortgage lenders alleging FDUTPA violations, unjust enrichment, and breach of implied duties regarding single premium credit insurance (SPCI) charged on mortgages obtained in 1994-1998. The trial court dismissed the complaint as t
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29 So. 3d 401·
Fla. 3d DCA·
2010-03-03
·cited 2×
Miami-Dade police officers Avila and Perez sought injunctive relief to prevent their termination, claiming the county violated a 180-day statutory notice requirement for disciplinary action. The trial court and appellate court rejected this challenge, holding that the 180-day per
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Sonia Gonzalez appealed the dismissal of her unemployment benefits appeal as untimely. The Florida District Court of Appeal reversed, finding that confusing notices from the Agency for Workforce Innovation regarding separate but similarly-captioned proceedings created ambiguity a
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The court held that the petitioner's federal habeas corpus petition was not time-barred under the AEDPA's one-year statute of limitations due to continuous tolling during state post-conviction proceedings.
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The court held that a developer's failure to provide the statutorily mandated notice of rescission rights under ILSA extends the buyer's rescission period, and that a contract provision allowing the seller unilateral cancellation for unmet presale contingencies renders the two-ye
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The court held that the passenger ticket contract's limitations period for filing suit was enforceable against the plaintiff.
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The court held that rescission claims under ILSFDA §§ 1703(c) and (d) must be brought within two years of the agreement's signing, not the general three-year period. Equitable tolling is not applicable to these claims.
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Ernesto Guevara appeals his probation revocation and sentence. The court reversed because the trial court lacked jurisdiction to revoke probation when the only violations alleged during the probation term were technical violations that were acquitted, and new substantive violatio
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982 So. 2d 1290·
Fla. 4th DCA·
2008-06-11
·cited 2×
The court held that the State failed to meet its burden of proving that the prosecution commenced without unreasonable delay, thus the statute of limitations barred the charge.
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The court reversed the Board's finding of waiver and remanded for consideration of whether equitable tolling applies to excuse the contractor's failure to timely request a hearing to dispute material facts in the administrative complaint.
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964 So. 2d 817·
Fla. 3d DCA·
2007-09-19
·cited 2×
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957 So. 2d 1215·
Fla. 3d DCA·
2007-04-25
·cited 2×
The court held that the class certification was improper because the plaintiff was not an appropriate representative, the class was uncertain, and members were not similarly situated.
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921 So. 2d 572·
Fla.·
2005-11-10
·cited 2×
The district court erred in holding that the doctrine of equitable estoppel does not apply where the plaintiff did not know about the cause of action until after the statute of limitations expired, as this conflicts with prior Supreme Court precedent in cases involving unique cir
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915 So. 2d 667·
Fla. 2d DCA·
2005-10-12
·cited 2×
Armengol Hernandez petitioned for a writ of prohibition to stop his criminal prosecution for interference with custody, arguing the State failed to timely commence prosecution under Florida's statute of limitations. The Florida District Court of Appeal agreed and granted the writ
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The court held that the one-year limitations period in the cruise ticket contract was enforceable and applicable to the defendant concessionaire, and that equitable tolling was not warranted.
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901 So. 2d 269·
Fla. 4th DCA·
2005-04-27
·cited 2×
The trial court lacked jurisdiction to proceed with a medical malpractice claim while an appeal from an administrative decision regarding the Florida Birth-Related Neurological Injury Compensation Plan (NICA Plan) was pending.
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The court held that a hospital's tax-exempt status under 26 U.S.C. § 501(c)(3) does not create a contract with the government or an implied charitable trust enforceable by patients, and thus dismissed claims based on these theories.
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892 So. 2d 1087·
Fla. 2d DCA·
2004-11-05
·cited 2×
Butler University appealed the dismissal with prejudice of its action to recover ballet costumes allegedly belonging to the Ballet Russe de Monte Carlo collection. The court reversed, holding that Butler's proposed amended complaint stated sufficient facts to potentially invoke t
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885 So. 2d 939·
Fla. 4th DCA·
2004-10-27
·cited 2×
In this medical malpractice case, the Fourth District Court of Appeal affirmed summary judgment dismissing the plaintiff's claim against Dr. David Simon based on the statute of limitations. The court held that the statute commenced when the plaintiff became aware of the injury (d
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The court granted summary judgment for the defendant, finding that the plaintiff's claims were either barred by a stipulation of dismissal, premature due to lack of a right-to-sue letter, or outside the scope of the EEOC charge.
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869 So. 2d 681·
Fla. 5th DCA·
2004-04-02
·cited 2×
Isaac Bryant appealed the dismissal of his medical malpractice claims against three defendants (nurse, medical technician, and their hospital employer) on statute of limitations grounds. The Fifth District Court of Appeal reversed, holding that Bryant's allegations of concealment
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868 So. 2d 603·
Fla. 1st DCA·
2004-03-11
·cited 2×
The Creels appealed a summary judgment dismissing their medical malpractice complaint against Dr. Danisi as time-barred. The court held that a letter from their former attorney constituted a valid notice of intent under Florida law, which tolled the statute of limitations for 90
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Florin Richard Dankert was convicted of two counts of handling and fondling a child under sixteen, but the Florida District Court of Appeal reversed and remanded for discharge because the prosecution was barred by the three-year statute of limitations. The court held that the sta
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Hemphill appealed a summary denial of his Rule 3.850 motion for postconviction relief, claiming his plea was involuntary due to ineffective assistance of counsel for failing to file motions challenging the statute of limitations. The court reversed and remanded for an evidentiary
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Plaintiffs, family members of Winston Cabello who was allegedly executed by Chilean military officers during the 1973 Pinochet coup, sued Defendant Armando Fernández Larios under the Alien Tort Claims Act and Torture Victim Protection Act for extrajudicial killing, torture, crime
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801 So. 2d 1021·
Fla. 2d DCA·
2001-12-19
·cited 2×
Ralph Benfield sued to collect on a promissory note executed in 1986. The trial court dismissed the claim as barred by the statute of limitations, but the appellate court reversed, holding that partial payments made on the note tolled the applicable five-year limitations period u