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

• Reese v. Akai Am. Ltd.
  19 B.R. 83· S.D. Fla.· 1982-03-30 ·cited 2×·via Equitable Tolling
  The court held that payments made by Kennedy and Cohen to vendors within four months of bankruptcy constituted voidable preferences because the vendors had reasonable cause to believe the company was insolvent.
• Yarber v. Allstate Ins. Co.
  674 F.2d 232· 4th Cir.· 1982-03-19 ·cited 2×
  A federal court sitting in diversity must honor Virginia's venue restriction as an integral part of its statute of limitations policies when applying the state's voluntary nonsuit saving provision.
• Ramsey Jones v. Forest OIL Co.
  663 F.2d 556· 5th Cir.· 1981-12-10 ·cited 2×
  The court held that mailing a complaint to the clerk of court does not constitute timely filing under Louisiana law, and therefore, the claim was barred by the statute of limitations.
• Starobin v. The United States
  662 F.2d 747· Ct. Cl.· 1981-10-21 ·cited 2×
  The court held that a new statute of limitations period does not begin with each subsequent use of a device after the initial procurement or use, and that jurisdictional defenses like the statute of limitations cannot be waived.
• First Fed. Sav. & Loan Ass'n OF Wis. v. Dade Fed. Sav. & Loan Ass'n
  403 So. 2d 1097· Fla. 5th DCA· 1981-09-16 ·cited 2×
  First Federal appeals a summary judgment dismissing its fraud and breach of warranty claims against Dade Federal for failing to collect 1973 real estate taxes under a loan servicing agreement. The court reverses, holding that disputed material facts regarding fraudulent concealme
• Farrell Lines v. The United States
  657 F.2d 1214· C.C.P.A.· 1981-08-20 ·cited 2×
  The court held that the ninety-day period for filing a protest was tolled from the date of AEL's petition for cancellation until the final denial of its supplemental petition, making AEL's subsequent formal protest timely.
• Jefferson v. H. K. Porter Co.
  648 F.2d 337· 5th Cir.· 1981-06-18 ·cited 2×·via Equitable Tolling
  The court held that the appellants' claims were time-barred because the prior litigation did not toll the statute of limitations for the § 1981 claim, and the Title VII claims were conceded to be time-barred.
• Cotton States Mut. Ins. Co. v. Hunt Truck Sales & Serv., Inc.
  395 So. 2d 563· Fla. 5th DCA· 1981-02-18 ·cited 2×
  Cotton States Mutual Insurance Company appealed a judgment affirming a lienor's right to proceed on a mechanics' lien claim via counterclaim filed after the statute of limitations had run, arguing the counterclaim was time-barred. The Fifth District Court of Appeal affirmed, hold
• Quaintance v. Frederic M. Fogg and Lee Drenckhahan
  392 So. 2d 360· Fla. 2d DCA· 1981-01-14 ·cited 2×
  Quaintance appeals a judgment establishing a Minnesota judgment in Florida, arguing the statute of limitations has expired. The court must determine whether partial payments on a foreign judgment toll the statute of limitations under Florida law.
• N. Am. Rockwell & Emp'rs Ins. of Wausau v. Filliben
  389 So. 2d 345· Fla. 1st DCA· 1980-10-27 ·cited 2×
  North American Rockwell and its insurer appealed a worker's compensation order increasing benefits to employee Filliben for increased permanent partial disability. The court reversed, holding that the judge of industrial claims lacked authority to entertain Filliben's petition fo
• Biby v. Kan. City Life Ins. Co. & Mid-Delta Land & Inv. Co.
  629 F.2d 1289· 8th Cir.· 1980-09-26 ·cited 2×
  The court held that the oral agreement to extend the statute of limitations was ineffective due to non-compliance with local rules, and even if valid, the filing was a procedural ploy not commencing the action.
• United Fid. Life Ins. Co. (as Successor to Nat'l Educators Life Ins. Company) v. The LAW Firm OF Best
  624 F.2d 145· 10th Cir.· 1980-06-23 ·cited 2×
  The court held that the trial court did not err in finding that the statute of limitations was tolled by the law firm's fraudulent concealment of its negligence from the client.
• Adams v. Fed. Signal Corp.
  616 F.2d 842· 5th Cir.· 1980-05-08 ·cited 2×
  The court held that the plaintiff's refiling of the breach of contract claim was untimely, as it occurred more than sixty days after the prior federal suit's dismissal became final.
• Cannon v. Johnson
  638 F.2d 12· 4th Cir.· 1980-04-11 ·cited 2×
  The court held that the amended three-year statute of limitations, enacted before the suit was filed, applied retrospectively to the plaintiff's claim.
• Harris v. Norfolk & W. Ry. Co.
  616 F.2d 377· 8th Cir.· 1980-03-11 ·cited 2×
  The dissenting judge believes the plaintiff's Title VII and 42 U.S.C. § 1981 claims should have been tolled by proceedings before the Railroad Adjustment Board.
• Young v. Mabry
  596 F.2d 339· 8th Cir.· 1979-04-20 ·cited 2×·via Tolling Provisions
  The court held that the 33-day period during which the petitioner was in federal custody in Arkansas for a federal trial should be excluded from the 180-day speedy trial calculation under the Interstate Agreement on Detainers. The court also agreed that the petitioner suffered no
• Amada Garcia and Victor Garcia v. Dade Cnty. Pub. Health Tr.
  369 So. 2d 634· Fla. 3d DCA· 1979-03-27 ·cited 2×
  This medical malpractice appeal addresses whether a medical mediation claim filed with an incorrect defendant name effectively tolls the statute of limitations. The court held that despite naming the wrong legal entity, the claim tolled the statute because the correct party recei
• Greenwald v. The City OF N. Miami Beach
  587 F.2d 779· 5th Cir.· 1979-01-12 ·cited 2×
  The court held that the petitioner's complaint was not timely filed within the 30-day period required by the Safe Drinking Water Act, and the pursuit of local remedies did not toll this period.
• William Leonard Woolf (Trudie Woolf v. United States
  578 F.2d 1103· 5th Cir.· 1978-08-24 ·cited 2×
  The court held that the statute of limitations for assessing and collecting taxes is tolled by a willful attempt to evade taxes, and the filing of a substantially accurate but untimely return does not restart the limitations period unless the taxpayer proves the evasion ended.
• United States v. Cevallos
  574 F.2d 854· 5th Cir.· 1978-06-08 ·cited 2×
  The court held that the defendant's enhanced sentence was validly imposed after proper resentencing procedures were followed, and his arguments regarding procedural defects and sentence severity were without merit.
• Fontana Aviation, Inc. v. Baldinelli
  575 F.2d 1194· 6th Cir.· 1978-05-25 ·cited 2×
  The court held that an antitrust action is barred by the statute of limitations if not commenced within four years after the cause of action accrued, which is generally when the defendant commits an act injuring the plaintiff's business.
• Adelle L. Milton v. Landers
  349 So. 2d 722· Fla. 4th DCA· 1977-10-04 ·cited 2×
  Milton filed a negligence action arising from an automobile accident, but appellees moved for summary judgment on statute of limitations grounds. The court reversed, holding that appellees failed to demonstrate the absence of material fact regarding whether the defendant was amen
• Sebastian Enters., Inc. v. Fla. First Nat'l Bank AT Vero Beach
  345 So. 2d 827· Fla. 4th DCA· 1977-04-29 ·cited 2×
  Sebastian Enterprises appeals a judgment against it for money owed to the estate of deceased shareholder Wellington G. Bosworth. The court held that inclusion of the debt on the corporation's balance sheets and tax returns constitutes sufficient written acknowledgment under Flori
• Gill v. Monroe Cnty. Dep't OF Soc. Servs.
  547 F.2d 31· 2d Cir.· 1976-12-27 ·cited 2×·via Equitable Tolling
  The court held that the district court's dismissal of the class action employment discrimination suit was improper, vacating the order and remanding for reconsideration.
• Int'l Tel. & Tel. Corp. & Int'l Standard Elec. Corp. v. The United States
  536 F.2d 1361· Ct. Cl.· 1976-06-16 ·cited 2×
  The court affirmed the trial judge's opinion, holding that Congress did not intend to repeal 35 U.S.C. § 91 by enacting subsequent legislation.
• United States v. Gardner
  528 F.2d 715· 6th Cir.· 1976-01-09 ·cited 2×
  The court held that the deferral agreement constituted a new contract, and the statute of limitations began to run from the breach of this new agreement, not the original default.
• Lynott v. Stewart
  505 F.2d 1023· 5th Cir.· 1974-12-30 ·cited 2×
  A district court cannot deny a prisoner's request to proceed in forma pauperis based on the possibility that their financial situation might improve in the future and that statutes of limitations are tolled.
• Swarthout v. Mich. Bell Tel. Co.
  504 F.2d 748· 6th Cir.· 1974-10-22 ·cited 2×
  The court held that a state fraudulent concealment statute cannot be used to toll the federal statute of limitations for claims under the Federal Communications Act, as this would undermine national uniformity.
• RAY v. Porter
  464 F.2d 452· 6th Cir.· 1972-07-26 ·cited 2×
  The Soldiers' and Sailors' Civil Relief Act tolls the statute of limitations for a vehicle owner whose liability is based on the 'family purpose doctrine' when the owner was in military service, even if the driver was not.
• Adkins v. Kelly's Creek R.R. Co.
  458 F.2d 26· 4th Cir.· 1972-04-05 ·cited 2×
  The court held that accepting employment with a new corporation constituted a waiver of rights under a prior lifetime employment agreement, and the FELA claim was time-barred.
• Jiwan Singh v. Immigr. & Naturalization Serv. & Cecil W. Fullilove
  456 F.2d 1092· 9th Cir.· 1972-02-24 ·cited 2×
  Service's notice of intent to rescind tolled the five-year statute of limitations, allowing rescission proceedings to continue even after the period expired.
• Associated Indem. Corp. v. Shea
  455 F.2d 913· 5th Cir.· 1972-02-01 ·cited 2×
  The court held that the Deputy Commissioner's findings were supported by substantial evidence and the claim was timely filed.
• Zitomer v. Holdsworth
  449 F.2d 724· 3d Cir.· 1971-10-08 ·cited 2×
  The court held that the Soldiers' and Sailors' Relief Act of 1940 does not excuse a plaintiff's failure to prosecute a timely filed action.
• Collier v. Hon. Warren H. Edwards
  247 So. 2d 450· Fla. 4th DCA· 1971-04-02 ·cited 2×
• Powell v. Sinclair OIL Corp.
  439 F.2d 114· 10th Cir.· 1971-03-08 ·cited 2×
  The court held that a plaintiff's mistaken belief about the future development of a known injury does not constitute a mutual mistake of fact sufficient to toll the statute of limitations or avoid a release.
• Speight v. Miller
  437 F.2d 781· 7th Cir.· 1971-02-09 ·cited 2×
  The court held that the Illinois borrowing statute does not bar the plaintiff's claim because the inability to serve the defendant in Tennessee, rather than the mere lapse of time, prevented the action from being maintained there.
• McGLENON v. The Boeing Co.
  437 F.2d 433· 9th Cir.· 1971-01-29 ·cited 2×
  The court held that the appellant's second action was untimely filed due to inexcusable delay, and laches would bar the claim even if a new cause of action were recognized.
• Gazda v. State
  244 So. 2d 454· Fla. 4th DCA· 1970-12-30 ·cited 2×
  John Leon Gazda pled guilty to grand larceny in 1964 with sentencing withheld, but was not sentenced until 1969—over five years later. The court holds that Florida Statute § 775.14 stripped the trial court of jurisdiction to sentence the defendant because sentencing was not impos
• Zelson v. Thomforde
  428 F.2d 1360· 3d Cir.· 1970-07-07 ·cited 2×
  The New Jersey statute tolling the statute of limitations for nonresidents does not apply to nonresident plaintiffs, even if the cause of action arose in New Jersey.
• Williams v. Hollins
  428 F.2d 1221· 6th Cir.· 1970-01-07 ·cited 2×
  The court held that the plaintiff's civil rights action was barred by the one-year statute of limitations, as there was no tolling provision for incarceration in Tennessee.
• Ayako Honda v. Mitchell
  419 F.2d 324· D.C. Cir.· 1969-08-01 ·cited 2×
  The court held that the trial court did not err in awarding counsel fees for services rendered during the administrative stage of the Yokohama Specie Bank claims, but did not err in denying fees for services rendered in the separate Abe-Aratani litigation.
• Underwood v. Hammond C. Woods
  406 F.2d 910· 8th Cir.· 1969-02-10 ·cited 2×
  The court held that the plaintiff's claims against his former attorneys and physician were barred by statutes of limitations or failed for lack of proof, affirming the trial court's judgments notwithstanding the jury verdicts.
• Langdon v. Jackson
  404 F.2d 319· 9th Cir.· 1968-11-21 ·cited 2×
  The court held that the dismissal order could not be sustained on the grounds presented on appeal, as the statute of limitations defense was not properly raised below and involved factual issues of waiver or estoppel.
• Futura Music, Inc. v. Gates Radio Co.
  399 F.2d 308· 10th Cir.· 1968-07-22 ·cited 2×·via Tolling Provisions
  The court held that the action was barred by the statute of limitations because the new procedural code, which affected the remedy, applied to the case, and the plaintiff had a reasonable time to file suit after its effective date.
• Agajan v. Ramsey Clark
  381 F.2d 937· D.C. Cir.· 1967-06-30 ·cited 2×·via Equitable Tolling
  The court held that the shareholders' suit was properly dismissed because they failed to file a timely notice of claim for the vested corporate assets, and the corporation's prior claim did not serve as a timely claim for the shareholders.
• Aviation Credit Corp. v. Batchelor
  190 So. 2d 8· Fla. 3d DCA· 1966-09-06 ·cited 2×
  Aviation Credit Corporation appealed a summary judgment dismissing its promissory note action against George Batchelor based on California's statute of limitations. The Florida appellate court held that the cause of action accrued in Florida (where performance was due), not Calif
• BOS Lines, Inc. v. Commissioner OF Internal Revenue
  354 F.2d 830· 8th Cir.· 1965-12-30 ·cited 2×·via Suspension Of Statute Of Limitations
  The court held that the notice of transferee liability was sufficient even if not explicitly stating 'transferee of transferee,' and that the petitioner was liable for the tax deficiency at law due to assumption of liabilities.
• Emmy Schmid Butterman v. Steiner
  343 F.2d 519· 7th Cir.· 1965-04-01 ·cited 2×
  The court held that the plaintiff's action was time-barred because the prior state court action was not the "same identical cause of action" for the purpose of tolling the statute of limitations, and the waiver of the statute of limitations defense was not applicable.
• Hellebrand v. Emmett F. Hoctor
  331 F.2d 453· 8th Cir.· 1964-05-12 ·cited 2×
  The court held that a plaintiff must specifically allege facts bringing their claim within a statutory tolling exception to overcome a statute of limitations defense, and general allegations of improper acts are insufficient.
• Conner v. Oren W. Spencer
  304 F.2d 485· 9th Cir.· 1962-06-01 ·cited 2×
  The court held that the action was barred by Oregon's statute of limitations, as the borrowing statute applies the foreign statute of limitations and its tolling provisions, but the forum's statute of limitations provides an ultimate limit.