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

• Phiniey Gray v. State
  803 So. 2d 755· Fla. 2d DCA· 2001-10-19 ·cited 2×
  The court held that the State failed to meet its burden of proving the prosecution was commenced within the statute of limitations, as the evidence presented was insufficient to establish the date of discovery of the offenses by the aggrieved party.
• Roberson v. Clear Channel Broad., Inc.
  144 F. Supp. 2d 1371· S.D. Fla.· 2001-06-05 ·cited 2×
  The court held that an arbitration agreement is enforceable when the employer stipulates to pay all arbitration costs, even if the agreement initially required the employee to share those costs.
• Pac. Harbor Cap., Inc. v. Barnett Bank, N.A.
  252 F.3d 1246· 11th Cir.· 2001-05-30 ·cited 2×·via Equitable Tolling
  Pacific Harbor Capital sued Barnett Bank for RICO violations arising from a loan transaction where Barnett allegedly made false certifications as disbursing agent and conspired with the borrower. The court held that PHC's RICO claim was barred by the statute of limitations becaus
• Dep't OF Child. & Families v. Oehlerking
  782 So. 2d 1017· Fla. 5th DCA· 2001-04-27 ·cited 2×·via Equitable Tolling
  The Florida Department of Children and Families sought certiorari review of a circuit court order adjudging a defendant incompetent to stand trial and committing him to the Department's custody. The court denied the petition because the Department, as a non-party to the criminal
• Rolling v. State
  755 So. 2d 184· Fla. 3d DCA· 2000-04-12 ·cited 2×
  The court held that the defendant's motion for post-conviction relief was untimely because he was represented by counsel, negating the 'access to courts' tolling argument.
• Helton v. Singletary
  85 F. Supp. 2d 1323· S.D. Fla.· 2000-01-20 ·cited 2×·via Equitable Tolling
  The court held that equitable tolling is appropriate for the petitioner's habeas corpus petition due to counsel's misadvice, allowing consideration of the merits, and that the analysis of ineffective assistance of counsel is ongoing.
• Antenor v. D & S Farms
  39 F. Supp. 2d 1372· S.D. Fla.· 1999-02-07 ·cited 2×·via Equitable Tolling
  The court denied the defendants' motion for summary judgment, finding genuine issues of material fact regarding standing and willful violations of the FLSA, but granted summary judgment on statute of limitations for claims predating April 4, 1987 (FLSA) and April 4, 1986 (AWPA).
• Lamothe v. Equifax Credit Info. Servs., Inc.
  718 So. 2d 326· Fla. 4th DCA· 1998-09-16 ·cited 2×·via Tolling Provisions
  Plaintiff sued Equifax under the Fair Credit Reporting Act alleging an improper credit report issued in September 1993. The trial court granted summary judgment to Equifax based on the two-year statute of limitations, and the appellate court affirmed, holding that the limitations
• Haynes v. Pub. Emps. Relations Comm'n & Dep't of Ins.
  694 So. 2d 821· Fla. 4th DCA· 1997-05-14 ·cited 2×·via Equitable Tolling
  Robert Haynes appealed his discharge from the Department of Insurance to PERC, then withdrew the appeal based on union representatives' advice that he pursue the grievance process instead. PERC dismissed the appeal, and when Haynes later sought to reopen it after the agency refus
• Gilbert v. Pinellas Suncoast Transit Auth. & Isac
  674 So. 2d 818· Fla. 1st DCA· 1996-05-13 ·cited 2×
  Alice Gilbert, as guardian for Bruce Gilbert, appealed a workers' compensation decision denying benefits based on statute of limitations. The court reversed and remanded, holding that the claimant's receipt of medical care from authorized providers at least once every two years t
• Mesa v. City OF Miami Nuisance Abatement Bd.
  673 So. 2d 500· Fla. 3d DCA· 1996-04-17 ·cited 2×
  The court held that the one-year period for a nuisance abatement order is tolled during the pendency of judicial proceedings and stays, making a subsequent modification order unnecessary.
• ST. Joseph Hosp. & Sedgwick James of Fla., Inc. v. Causey
  667 So. 2d 464· Fla. 1st DCA· 1996-01-31 ·cited 2×
  St. Joseph Hospital and its workers' compensation carrier appealed an award of medical care and permanent total disability benefits to Roy Causey for a 1985 industrial back injury. The court affirmed, holding that modification of prior compensation orders was unnecessary because
• Wilkin v. Carnival Cruise Lines, Inc.
  661 So. 2d 1308· Fla. 3d DCA· 1995-11-01 ·cited 2×·via Equitable Tolling
  A cruise passenger appealed a summary judgment dismissing her personal injury claim as time-barred under the cruise ticket's one-year limitation period. The passenger argued equitable tolling should apply because she mistakenly filed in the wrong forum (Michigan instead of Florid
• Abbott v. Kiser
  654 So. 2d 640· Fla. 4th DCA· 1995-05-10 ·cited 2×
  A former wife sought to enforce a domesticated Connecticut divorce judgment against her ex-husband for alimony and child support arrearages. The trial court found the parties had modified the alimony obligation, but the appellate court reversed, holding the purported modification
• Humana OF Fla., Inc. v. Jaimes McKAUGHAN and Darlene McKaughan
  652 So. 2d 852· Fla. 2d DCA· 1995-03-03 ·cited 2×
  The Florida Birth-Related Neurological Injury Compensation Association and medical providers appealed a hearing officer's dismissal of parents' petition seeking Plan benefits. The court affirmed, holding that when parents file a medical malpractice action claiming an injury falls
• Salter v. State
  651 So. 2d 1228· Fla. 2d DCA· 1995-03-03 ·cited 2×·via Tolling Provisions
  James Salter was charged with grand theft but not arrested until 1993, over four years after the five-year statute of limitations expired. The trial court denied his motion to dismiss, but this court reversed because the applicable statute of limitations had expired and the state
• Kagan v. Edward J. Pollock, M.D.
  638 So. 2d 151· Fla. 4th DCA· 1994-06-08 ·cited 2×
  Frances and Murray Kagan appealed a summary judgment dismissing their medical malpractice action against Dr. Irving Besman on statute of limitations grounds. The appellate court reversed, holding that the Kagans' automatic 90-day extension of the statute of limitations under Flor
• Caprio v. Am. Airlines, Inc.
  848 F. Supp. 1528· M.D. Fla.· 1994-03-25 ·cited 2×
  The court granted summary judgment for the defendant on claims under the Civil Rights Act of 1991, dismissed a defendant for failure to serve, and granted partial summary judgment on state tort claims due to the statute of limitations.
• Parkway Gen. Hosp. & Alexsis Risk Mgmt. v. Thomasina E. Ogletree
  629 So. 2d 989· Fla. 1st DCA· 1993-12-28 ·cited 2×
  Parkway General Hospital and its insurance carrier appealed a workers' compensation order awarding medical benefits to an employee for a 1979 back injury. The court affirmed, holding that the statute of limitations defense was waived by the carrier's failure to raise it at the fi
• Metro. Fed. Bank OF Iowa v. W.R. Grace & Co.
  999 F.2d 1257· 8th Cir.· 1993-07-27 ·cited 2×·via Equitable Tolling
  The court affirmed the district court's grant of summary judgment on asbestos abatement costs and its decision to allow voluntary dismissal of claims related to non-Minnesota buildings, finding no abuse of discretion.
• Walls v. Armour Pharm. Co.
  832 F. Supp. 1467· M.D. Fla.· 1993-07-19 ·cited 2×
  The court held that the products liability statute of limitation, not the negligence statute, applied to the failure-to-warn claim, and the action was timely filed.
• Concordia Coll. Corp. v. W.R. Grace & Co.
  999 F.2d 326· 8th Cir.· 1993-07-14 ·cited 2×·via Class Action Tolling
  The court held that the plaintiff's asbestos abatement cost recovery action was barred by the statute of repose and was not revived by the asbestos revival statute because it was not timely begun. The court also held that class action tolling did not apply to the revival statute.
• Bates v. Long Island R.R. Co.
  997 F.2d 1028· 2d Cir.· 1993-07-02 ·cited 2×
  The court held that arbitration under the Railway Labor Act does not preclude claims under the Rehabilitation Act, and that the statute of limitations for such claims is the analogous state personal injury statute. However, it affirmed dismissal for some plaintiffs based on facts
• Bontkowski v. First Nat'l Bank OF Cicero
  998 F.2d 459· 7th Cir.· 1993-07-01 ·cited 2×·via Equitable Tolling
  The court held that the plaintiff's civil RICO claim was time-barred by the four-year statute of limitations, and equitable tolling and in pari delicto defenses did not apply.
• Purrington v. Univ. OF Utah
  996 F.2d 1025· 10th Cir.· 1993-06-21 ·cited 2×·via Equitable Tolling
  The court held that the plaintiff's hostile work environment claim was time-barred and that the district court did not err in finding no retaliation, as protected activity was not a substantial motivating reason for the hiring decision.
• Retha Sue Whitfield v. State
  620 So. 2d 1027· Fla. 1st DCA· 1993-05-17 ·cited 2×
  Retha Sue Whitfield appealed her convictions on 132 offenses. The court reversed her convictions on 15 drug offenses due to statute of limitations violations and insufficient evidence that the substance obtained was a controlled substance listed in the statute, while affirming al
• Calpetco 1981 v. Marshall Exploration, Inc.
  989 F.2d 1408· 5th Cir.· 1993-04-26 ·cited 2×
  The court held that the contractual 24-month adjustment period for charges was valid and not tolled by fraudulent concealment, waiver, or estoppel, and that Calpetco's statutory claims were properly dismissed.
• Spannaus v. Fed. Election Comm'n
  990 F.2d 643· D.C. Cir.· 1993-04-20 ·cited 2×·via Equitable Tolling
  A petition for review under the Federal Election Campaign Act must be filed within 60 days of the date of dismissal, not the date of receipt of notice of dismissal.
• Hodges v. Nw. Airlines, Inc.
  990 F.2d 1030· 8th Cir.· 1993-04-07 ·cited 2×·via Equitable Tolling
  The court held that the plaintiff's claim under the Minnesota Human Rights Act was untimely filed because the six-month filing period was a jurisdictional prerequisite at the time of the alleged discrimination, and the claim was not timely filed under Title VII either.
• Gray v. Sec'y OF Health & Human Servs.
  983 F.2d 954· 9th Cir.· 1993-01-15 ·cited 2×·via Equitable Tolling
  The court held that the district court had jurisdiction to consider the EAJA fee application, but affirmed the denial of fees on the merits because the government's position was substantially justified.
• O'Rourke v. Cont'l Cas. Co.
  983 F.2d 94· 7th Cir.· 1993-01-08 ·cited 2×·via Equitable Tolling
  The court held that the plaintiff's claim for retaliation was untimely because he failed to file a timely charge with the EEOC and commence suit within the statutory period.
• The Catawba Indian Tribe of S.C. v. The United States
  982 F.2d 1564· Fed. Cir.· 1993-01-06 ·cited 2×·via Equitable Tolling
• Walsche v. First Invs. Corp.
  981 F.2d 649· 2d Cir.· 1992-12-14 ·cited 2×·via Equitable Tolling
  The court held that the one-year/three-year limitations period announced in Ceres applies prospectively to all federal securities claims filed after the date of that decision, rendering the Walsches' claims time-barred. The court also vacated the dismissal of state-based diversit
• Gonsalves v. Flynn
  981 F.2d 45· 1st Cir.· 1992-12-11 ·cited 2×·via Tolling Provisions
  The court held that the plaintiff's claims were time-barred because the amended Massachusetts tolling statute, which removed imprisonment as a condition for tolling the statute of limitations, applied to his suit filed after the amendment's effective date.
• Benny M. Estes & Assocs., Inc. v. Time Ins. Co.
  980 F.2d 1228· 8th Cir.· 1992-12-03 ·cited 2×
  The court held that Time Insurance Company tortiously interfered with Benny Estes's business relationships by inducing his sub-agents to break their contracts, and that the jury's award of actual and punitive damages was supported by sufficient evidence and did not violate due pr
• Arigo v. United States
  980 F.2d 1159· 8th Cir.· 1992-11-30 ·cited 2×·via Equitable Tolling
  A claimant who withdraws their administrative claim from an agency, after the agency has failed to act on it for six months, triggers the six-month limitations period for filing suit under the FTCA.
• Anixter v. Home-Stake Prod. Co.
  977 F.2d 1549· 10th Cir.· 1992-10-23 ·cited 2×·via Equitable Tolling
  The court held that individual investor claims were time-barred and dismissed, but remanded for further findings on the statute of limitations and prejudgment interest for class action claims, affirming the denial of tax benefit offsets.
• Zambrano v. Immigr. & Naturalization Serv.
  972 F.2d 1122· 9th Cir.· 1992-08-19 ·cited 2×·via Equitable Tolling
  The court held that the district court had jurisdiction, properly extended the IRCA application deadline, did not err in ordering discovery of class member names, and correctly denied the contempt motion.
• De Checa v. Diagnostic Ctr. Hosp., Inc.
  967 F.2d 126· 5th Cir.· 1992-07-20 ·cited 2×
  The Fifth Circuit certified two questions to the Texas Supreme Court regarding the interpretation of Texas's Medical Liability and Insurance Improvement Act concerning notice requirements and the tolling of statutes of limitations for potential parties in medical malpractice clai
• Pacheco v. Rice
  966 F.2d 904· 5th Cir.· 1992-07-01 ·cited 2×·via Equitable Tolling
  The court held that the 30-day period for filing an administrative complaint of discrimination begins to run when the complainant knows or reasonably should know of the discriminatory event or personnel action, not when they later discover disparate treatment of others.
• In re Montoya v. United States
  965 F.2d 554· 7th Cir.· 1992-06-25 ·cited 2×
  The court held that the time during which the IRS claims were disallowed by the bankruptcy court, in addition to the automatic stay period, must be excluded from the three-year look-back period for tax dischargeability.
• Shofer v. Hack Co.
  970 F.2d 1316· 4th Cir.· 1992-06-24 ·cited 2×·via Equitable Tolling
  The court held that the plaintiff's claims were barred by the statute of limitations because the initial state court filing was in a court that lacked jurisdiction over the ERISA claims, thus precluding equitable tolling.
• Locke v. Julius Bonello, M.D.
  965 F.2d 534· 7th Cir.· 1992-06-22 ·cited 2×
  The Illinois statute of limitations for medical negligence actions is tolled by an appeal to the Illinois Appellate Court of an order of voluntary dismissal, allowing plaintiffs to refile within the grace period.
• Scheidt v. Commissioner OF Internal Revenue
  967 F.2d 1448· 10th Cir.· 1992-06-18 ·cited 2×
  A notice of deficiency, even if misaddressed, tolls the statute of limitations if it is mailed before the period expires and provides the taxpayer with actual notice without prejudicial delay.
• Nat'l Labor Relations Bd. v. O'Neill
  965 F.2d 1522· 9th Cir.· 1992-06-05 ·cited 2×
  The court held that the NLRB's orders were enforceable, finding that unfair labor practice charges were not time-barred due to fraudulent concealment and that the new corporations were alter egos of the original company, making the owner individually liable.
• Sierra-Serpa v. Martinez
  966 F.2d 1· 1st Cir.· 1992-05-27 ·cited 2×
  The court certified a question of Puerto Rico law to the Supreme Court of Puerto Rico regarding whether Article 40(3) of the Code of Civil Procedure of 1933 excludes time spent imprisoned on a criminal charge from the limitations period, despite the repeal of a statute that suspe
• LEE v. City OF Jacksonville
  598 So. 2d 296· Fla. 1st DCA· 1992-05-15 ·cited 2×
  A workers' compensation claimant appealed the dismissal of his claim as barred by the statute of limitations. The court affirmed, holding that the claimant's continued use of a TENS unit prescribed by the employer's physician did not toll the limitations period because the employ
• Hampton v. Payne
  600 So. 2d 1144· Fla. 3d DCA· 1992-05-12 ·cited 2×
  Hampton, a police officer, sued her former attorney Payne for malpractice, alleging he failed to timely appeal adverse administrative decisions regarding her disability pension and dismissal. The court affirmed dismissal of the malpractice action, holding that the claim was barre
• Brown v. Crowe
  963 F.2d 895· 6th Cir.· 1992-05-11 ·cited 2×·via Equitable Tolling
  The statutory period for filing a Title VII charge is equitably tolled when procedural errors by a state administrative agency, through no fault of the plaintiff, would otherwise cause the charge to miss statutory time requirements.
• Wood v. United States Postal Serv.
  956 F.2d 493· 5th Cir.· 1992-03-30 ·cited 2×·via Equitable Tolling
  The court held that the district court erred in dismissing the suit based on failure to name the proper defendant and failure to exhaust administrative remedies, remanding for consideration of equitable tolling and factual disputes.