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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293 F.2d 199·
3d Cir.·
1961-07-21
·cited 2×
The New Jersey statute of limitations tolling provision cannot be invoked by non-residents for causes of action that accrued outside of New Jersey.
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289 F.2d 690·
1st Cir.·
1961-04-27
·cited 2×
A complaint alleging fraud is sufficient if it states the basic claim and that discovery of the fraud occurred within six months of filing, as federal procedural law does not require detailed pleading of discovery facts.
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286 F.2d 471·
5th Cir.·
1961-01-13
·cited 2×
The court held that the motion for relief from judgment, based on allegations of fraud inducing prior judgments, was properly dismissed on its merits.
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281 F.2d 187·
6th Cir.·
1960-07-18
·cited 2×
A merger agreement does not revive a debt already barred by the statute of limitations unless the parties specifically intended to assume such barred obligations.
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278 F.2d 506·
9th Cir.·
1960-05-03
·cited 2×
The court held that there is no authority in case or statute law to extend the period for filing petitions before the Civil Aeronautics Board or to void its established statute of limitations.
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273 F.2d 588·
9th Cir.·
1959-12-21
·cited 2×
The court held that laches can be raised by exceptions when the statute of limitations has clearly expired on the face of the pleadings, and the trial court may dismiss the action without trial if no valid excuse for the delay is pleaded.
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261 F.2d 412·
7th Cir.·
1958-12-11
·cited 2×
The court held that Illinois statute § 24a does not authorize a plaintiff to repeatedly refile lawsuits within one year of each prior dismissal.
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257 F.2d 685·
5th Cir.·
1958-06-30
·cited 2×
The court held that a suit against a deceased person's estate does not toll the statute of limitations for collecting taxes assessed against the decedent.
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103 So. 2d 228·
Fla. 1st DCA·
1958-06-03
·cited 2×
The Florida Industrial Commission affirmed an order awarding compensation to a claimant for a work-related injury. The employer sought certiorari, arguing the claim was barred by the statute of limitations, but the court found the employer's actions tolled the statute.
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247 F.2d 834·
3d Cir.·
1957-09-09
·cited 2×
The court held that the statute of limitations bars a deficiency assessment in a Section 732 proceeding if the Commissioner fails to issue a notice of deficiency within three years of the taxpayer's return filing.
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230 F.2d 280·
7th Cir.·
1956-02-23
·cited 2×
The court affirmed the district court's grant of summary judgment, holding that the plaintiff's claims were barred by the terms of the retirement plan and the statute of limitations.
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The court held that an uncommunicated intent to withdraw a claim does not constitute a withdrawal, and the statute of limitations remains suspended if the government fails to deny the claim.
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225 F.2d 272·
10th Cir.·
1955-07-07
·cited 2×
The court held that a statute of limitations defense can be raised and resolved on a motion to dismiss or for summary judgment if the complaint clearly shows the action is time-barred and no genuine factual controversy exists.
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221 F.2d 544·
D.C. Cir.·
1955-04-14
·cited 2×
A letter acknowledging a debt, even if stating present inability to pay, tolls the statute of limitations if it implies a promise to pay when able.
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The court held that a consent order dismissing a petition for review of a Tax Court decision becomes final ninety days after its entry, as per Internal Revenue Code § 1140(b)(1).
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The court held that the insurance company's conduct suspended the one-year statute of limitations, but the insured failed to file suit within a reasonable time after denial of liability.
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181 F.2d 363·
5th Cir.·
1950-04-07
·cited 2×
The issuance of a timely warrant of arrest tolls the statute of limitations for deportation proceedings, even if the deportation warrant is issued later.
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145 F.2d 548·
5th Cir.·
1944-10-30
·cited 2×
The court held that the insurer's fraudulent concealment of the policy tolled the statute of limitations, and the plaintiff exercised due diligence after discovering the cause of action.
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122 F.2d 179·
7th Cir.·
1941-06-11
·cited 2×
The court held that the widow's claim for war risk insurance proceeds was barred by the statute of limitations, despite her intervention and prior adjudication of her marital status.
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The court held that the suit was barred by the statute of limitations because the appellant failed to file within the prescribed time after denial of his claim.
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The Third District Court of Appeal affirmed the dismissal of an amended petition for a formal administrative proceeding. The court held that the South Florida Water Management District was not required to conduct an evidentiary hearing because the appellant failed to plead suffic
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2019 WL 9104170·
M.D. Fla.·
2025-09-12
·cited 1×
The court held that the plaintiff's breach of contract claim was time-barred because it was filed outside the one-year statute of limitations for National Flood Insurance Program claims, and filing in state court does not toll this period.
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2021 WL 3857560·
M.D. Fla.·
2025-07-16
·cited 1×
The court held that the plaintiff's complaint was an impermissible shotgun pleading and that her state tort claims and federal due process claims were time-barred by Florida's statutes of limitations.
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The court held that the prisoner must demonstrate the timeliness of each claim in his § 2255 motion, as the motion was filed after the one-year statute of limitations expired.
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127 F.4th 318·
11th Cir.·
2025-01-28
·cited 1×
Filing a criminal information, even without a waiver of indictment, institutes the action and tolls the statute of limitations under 18 U.S.C. § 3282(a). A subsequent indictment for the same charges relates back to the timely filed information.
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M.D. Fla.·
2024-10-02
·cited 1×
Kervin Moreno Mujica filed a federal habeas corpus petition under 28 U.S.C. § 2254 while his direct appeal was still pending in state court. The district court dismissed the petition as premature because Mujica had not exhausted his state court remedies, specifically his direct a
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601 Cuda Properties appealed the dismissal of its petition for an administrative hearing on an environmental resource permit. The court affirmed the dismissal as untimely but reversed the prejudicial dismissal, allowing Cuda to file an amended petition raising equitable tolling.
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346 So. 3d 744·
Fla. 2d DCA·
2022-09-23
·cited 1×
Maria Martinez appeals the dismissal of her medical malpractice complaint against Dr. Perez Ortiz and Perez Eye Center for failing to comply with Florida's presuit requirements. The trial court dismissed the complaint with prejudice, finding that Martinez's expert, Dr. Hamburger,
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to statutory or equitable tolling, nor did it present a valid claim of actual innocence to overcome the time bar.
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The court held that the plaintiff's claims are time-barred by the statute of limitations because they were not filed within the applicable three-year period and did not relate back to earlier filings, nor were they sufficiently tolled.
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330 So. 3d 964·
Fla. 4th DCA·
2021-12-15
·cited 1×
Under Florida Statute § 775.15(4)(b), prosecution must be commenced by filing an information and executing service of process without unreasonable delay; the State bears the burden to prove it conducted a diligent search and may not rely on pandemic resource constraints to excuse
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330 So. 3d 565·
Fla. 1st DCA·
2021-11-10
·cited 1×
The appellate court reversed a lower court's decision in a workers' compensation case, finding that a reservation of jurisdiction over the amount of attorney's fees and costs did not toll the statute of limitations. This ruling clarifies that entitlement and amount are distinct f
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313 So. 3d 673·
Fla. 2d DCA·
2020-07-01
·cited 1×
The appellate court affirmed a summary judgment for the defendant in a medical negligence case, adhering to its prior precedent that a notice of intent to sue must be *received* by the defendant before the statute of limitations expires for the statute to be tolled. The court cer
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939 F. Supp. 2d 1269·
S.D. Fla.·
2019-09-16
·cited 1×
The court granted in part and denied in part the defendants' motion to dismiss, dismissing claims for defective manufacturing, 'defective product,' negligent infliction of emotional distress, breach of warranty, and tolling/concealment, but denying dismissal for unjust enrichment
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M.D. Fla.·
2019-09-16
·cited 1×
The court held that the petitioner's claims were untimely or failed on the merits, and thus denied his petition for a writ of habeas corpus.
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272 So. 3d 512·
Fla. 3d DCA·
2019-04-10
·cited 1×
# Brief: Broz v. Reece
The Third District Court of Appeal affirmed the trial court's dismissal of Broz's first amended complaint with prejudice, holding that despite an evidentiary hearing and testimony being heard, the dismissal order is reviewed de novo based solely on the all
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The appellate court reversed the trial court's grant of judgment on the pleadings, finding that the trial court erred by not considering the plaintiff's breach of contract claim and by not adequately addressing the doctrine of equitable tolling under the Uniform Commercial Code (
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244 So. 3d 403·
Fla. 1st DCA·
2018-04-30
·cited 1×
When a pending petition for benefits that tolls the statute of limitations is dismissed, the statute of limitations is not tolled during the period the dismissed petition was pending; rather, the statute runs as if the dismissed petition had never been filed. The timeliness of a
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253 So. 3d 49·
Fla. 3d DCA·
2017-11-29
·cited 1×
In this legal malpractice case, Vasallo sued the Dolan Defendants for negligently allowing the statute of limitations to expire on his personal injury claim in Puerto Rico. The appellate court affirmed summary judgment for the Dolan Defendants, holding that Mr. Dolan's letters to
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204 So. 3d 52·
Fla. 1st DCA·
2016-10-10
·cited 1×
In this workers' compensation case, the Florida First District Court of Appeal reversed a Judge of Compensation Claims' finding that an employer/carrier was estopped from asserting a statute of limitations defense. The court held that the claimant failed to establish the necessar
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Gregory Williams, a former assistant warden at a state prison, appealed the dismissal of his employment discrimination claim under Florida's Civil Rights Act. The court affirmed the dismissal, holding that Williams' claim was time-barred because he failed to file an administrativ
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Trisha's One Stop, Inc. appeals an administrative order from the Office of Financial Regulation that imposed a $15,000 fine and revoked its money services business license. The court affirms the order, holding that the company's failure to timely request an administrative hearing
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113 So. 3d 995·
Fla. 5th DCA·
2013-04-12
·cited 1×
Langley Limited Partnership appeals a judgment ordering it to convey forty acres to the School Board of Lake County under a 2005 settlement agreement. The court reverses, holding that the School Board's breach of contract and specific performance claims are time-barred because th
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The court held that the specific performance claim was time-barred, and the U.S. trademark registration was incontestable and could not be cancelled. Summary judgment was granted on these counts.
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Morrissette filed a personal injury suit against Norwegian Cruise Line in Miami-Dade County circuit court within the one-year contractual period, but the cruise line contract required suit to be brought in federal district court. The circuit court dismissed for lack of proper ven
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Dr. Philip Jerome Aleong appealed the Florida Board of Veterinary Medicine's amended final order imposing disciplinary sanctions for incomplete medical records on a treated horse. The court affirmed the sanctions but found one factual finding (that Aleong was on probation) was un
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987 So. 2d 724·
Fla. 3d DCA·
2008-06-25
·cited 1×
A Florida court addressed whether a lender's suit on a promissory note was barred by the statute of limitations, requiring resolution of a choice-of-law conflict between Ontario and Florida law. The court corrected an apparent scrivener's error in the choice-of-law clause and app
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970 So. 2d 385·
Fla. 3d DCA·
2007-10-31
·cited 1×
Shelton Hanna appealed the denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel, specifically challenging his attorney's decision not to sever firearm charges from armed robbery, carjacking, and burglary counts. The Florida appella