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

• In re Est. OF Walter J. Koshuba v. Mary A. Byrski ad Litem for the heirs of Walter J. Koshuba
  993 So. 2d 983· Fla. 2d DCA· 2007-10-10 ·cited 1×
  The court held that Zilewicz's prior filings in the probate proceeding were substantially sufficient to constitute a timely filed claim against the estate, despite defects in form.
• Booth Ex Rel. Estate of Booth v. Carnival Corp.
  510 F. Supp. 2d 985· S.D. Fla.· 2007-01-09 ·cited 1×·via Equitable Tolling
  The filing of a state court action, even if dismissed for improper venue based on a contractual forum selection clause, can equitably toll the statute of limitations for a subsequent federal action, provided the plaintiff acted diligently.
• United States v. McDaniel (In Re McDaniel)
  363 B.R. 239· M.D. Fla.· 2007-01-08 ·cited 1×·via Equitable Tolling
  The court affirmed the bankruptcy court's order vacating a debtor's discharge and dismissing her case, finding that the bankruptcy court did not abuse its discretion by balancing equitable considerations.
• Mitchell v. Osceola Farms Co.
  408 F. Supp. 2d 1275· S.D. Fla.· 2005-12-29 ·cited 1×
  The court held that the statute of limitations for the class action claims was not tolled, but it was tolled for individual claims, and federal question jurisdiction existed for those individual claims.
• Est. OF Nadya G. Cadden v. Gerhard H. Schickedanz
  855 So. 2d 651· Fla. 4th DCA· 2003-08-27 ·cited 1×
  The estate of Nadya Cadden appeals an award of attorney's fees and costs to the prevailing parties (Schickedanz) in a specific performance action involving a right of first refusal on real property. The court reversed the fee award, holding that the claimants filed suit premature
• Benton v. ICR Elec. & ITT Hartford
  852 So. 2d 295· Fla. 1st DCA· 2003-07-17 ·cited 1×
  An appeal from a Judge of Compensation Claims dismissing a workers' compensation death benefits claim with prejudice. The court reversed, holding that the JCC erred in applying the statute of limitations to minor dependents and in refusing to allow appointment of a guardian or re
• United States v. Trainor
  277 F. Supp. 2d 1278· S.D. Fla.· 2003-05-19 ·cited 1×
  The court held that the government cannot satisfy the preponderance of the evidence standard required for tolling the statute of limitations under 18 U.S.C. § 3292 by making factual representations in an unsworn and unverified application. Such representations lack evidentiary va
• Prieto v. City of Miami Beach
  190 F. Supp. 2d 1340· S.D. Fla.· 2002-02-14 ·cited 1×·via Equitable Tolling
  The court granted summary judgment for the City, finding the plaintiffs' claims time-barred and that they failed to establish a prima facie case of disparate treatment or impact.
• Freundt-Alberti v. Merrill
  135 F. Supp. 2d 1298· S.D. Fla.· 2001-03-19 ·cited 1×
  The court held that federal securities claims are time-barred under the inquiry notice standard, and state law claims must be arbitrated as the defendant did not waive its right to arbitration.
• Wales v. Jack M. Berry, Inc.
  192 F. Supp. 2d 1291· M.D. Fla.· 2000-11-30 ·cited 1×·via Equitable Tolling
  The court determined damages for violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA), awarding specific amounts for unpaid wages, prejudgment interest, and statutory damages.
• Rodwell v. Singletary
  114 F. Supp. 2d 1308· M.D. Fla.· 2000-09-27 ·cited 1×
  The federal court dismissed the habeas corpus petition as untimely filed and procedurally barred, finding no exceptions to the bar.
• Godfrey v. Garlon, Inc.
  760 So. 2d 1064· Fla. 4th DCA· 2000-06-21 ·cited 1×
  Plaintiff appealed the dismissal of her personal injury lawsuit after she voluntarily dismissed it based on incorrect advice from the trial court about the statute of limitations. The appellate court affirmed the dismissal, holding that while the trial judge gave erroneous advice
• State Farm Mut. Auto. Ins. Co. v. Bishop
  750 So. 2d 101· Fla. 1st DCA· 1999-12-21 ·cited 1×
  State Farm appeals a declaratory judgment ruling that its insurance policy language tolled the statute of limitations on Bishop's uninsured motorist claim. The court reversed, holding that the policy did not toll the limitations period because it contained a remedy directed at th
• St. John v. United States
  54 F. Supp. 2d 1322· S.D. Fla.· 1999-06-24 ·cited 1×·via Equitable Tolling
  The court held that the plaintiff's medical malpractice claim under the FTCA was time-barred because he failed to file it within the applicable statute of limitations and equitable tolling was not warranted.
• Avante, Inc. v. Agency for Health Care Admin.
  722 So. 2d 965· Fla. 1st DCA· 1998-12-31 ·cited 1×·via Equitable Tolling
• Digiro v. Pall Aeropower Corp.
  19 F. Supp. 2d 1304· M.D. Fla.· 1998-10-02 ·cited 1×
  The court held that Count II of the plaintiff's amended complaint, alleging a violation of the Florida Civil Rights Act, was time-barred and dismissed it with prejudice. The court retained supplemental jurisdiction over the remaining claims.
• Powers v. State
  718 So. 2d 255· Fla. 2d DCA· 1998-08-28 ·cited 1×
  Eric Powers appealed his convictions for racketeering, conspiracy to file false insurance claims, filing false insurance claims, and grand theft. The court found that three counts violated the statute of limitations because the State failed to demonstrate they corresponded to tim
• Maelee Wilder v. Hillsborough Cnty. Hosp. Auth.
  686 So. 2d 617· Fla. 2d DCA· 1996-11-01 ·cited 1×
  In this medical malpractice appeal, the court reversed a summary judgment dismissing Wilder's claim as time-barred. The court held that when a hospital fails to send a statutory rejection notice by certified mail as required, the statute of limitations should be calculated from t
• Singer v. Smith Barney Shearson
  926 F. Supp. 183· S.D. Fla.· 1996-04-22 ·cited 1×·via Equitable Tolling
  The court held that the parties' arbitration agreements clearly expressed an intent to submit all disputes, including eligibility, to arbitration, and thus the NASD had jurisdiction over the eligibility dispute.
• Foster v. United States
  858 F. Supp. 1157· M.D. Fla.· 1994-04-26 ·cited 1×·via Equitable Tolling
  The court held that the plaintiff was 50% comparatively negligent, significantly exaggerating her injuries, and thus awarded minimal damages. The husband's derivative claim was dismissed for lack of jurisdiction.
• New Port Largo, Inc. v. Monroe Cnty.
  856 F. Supp. 659· S.D. Fla.· 1994-04-01 ·cited 1×
  The court held that a genuine issue of material fact exists regarding whether the rezoning constituted a taking, and thus denied summary judgment. The court also determined that if a taking is found, the period of liability would run from the rezoning date to the date the plainti
• McMurtry v. City of Largo
  837 F. Supp. 1155· M.D. Fla.· 1993-11-10 ·cited 1×
  The court held that the Soldiers' and Sailors' Civil Relief Act does not provide a private cause of action, and the plaintiff failed to exhaust state remedies for his § 1983 claim.
• Forehand v. Fla. State Hosp. at Chattahoochee
  839 F. Supp. 807· N.D. Fla.· 1993-11-05 ·cited 1×·via Equitable Tolling
  The court held that class certification was improper due to a lack of rigorous analysis and that certain plaintiffs failed to satisfy the conditions precedent to suit, but equitable modification could cure procedural defects for others.
• Fioretti v. Mass. Gen. Life Ins.
  892 F. Supp. 1492· S.D. Fla.· 1993-09-24 ·cited 1×·via Equitable Tolling
  The court held that the incontestability clause in a life insurance policy does not bar the insurer from raising the defense of fraud by imposture, even if the policy has been in force for two years, because the insurer never intended to insure the impostor.
• Orsi v. Kirkwood
  999 F.2d 86· 4th Cir.· 1993-07-14 ·cited 1×·via Equitable Tolling
  The court held that summary judgment for defendants was proper because plaintiffs' claims under the Interstate Land Sales Full Disclosure Act were time-barred or defendants were exempt, and their breach of contract claims were based on untimely and unauthenticated evidence.
• Minnette v. Time Warner
  997 F.2d 1023· 2d Cir.· 1993-06-30 ·cited 1×
  The court held that while the district court abused its discretion in dismissing the case on procedural grounds, it would exercise its authority to transfer the case to the proper venue to serve the interest of justice and judicial economy.
• Robinson v. Cent. Brass Mfg. Co. & Int'l Union
  987 F.2d 1235· 6th Cir.· 1993-02-24 ·cited 1×·via Equitable Tolling
  The court held that a union member's claim against their employer for wrongful discharge under § 301 is barred by the statute of limitations if internal union remedies could have provided complete relief and were not pursued within the limitations period. However, a claim against
• Miller v. Beneficial Mgmt. Corp.
  977 F.2d 834· 3d Cir.· 1992-10-21 ·cited 1×·via Equitable Tolling
  The court held that the district court erred in granting summary judgment based on statutes of limitations for the equal pay and failure to promote claims, as a reasonable jury could find the claims were timely filed.
• United States v. K.T. Derr
  968 F.2d 943· 9th Cir.· 1992-07-02 ·cited 1×
  The court held that the IRS is entitled to enforcement of its designated summons upon making the showing required by United States v. Powell, and that the issuing agent had the authority to do so.
• Giles H. Miller, Jr. v. United States
  949 F.2d 708· 4th Cir.· 1991-11-20 ·cited 1×
  The court held that the executor's claim for an estate tax refund was untimely filed and that equitable estoppel could not be applied against the IRS. The court affirmed the district court's grant of summary judgment for the IRS.
• Seattle Audubon Soc'y v. Robertson
  931 F.2d 590· 9th Cir.· 1991-04-26 ·cited 1×·via Equitable Tolling
  The court held that the doctrine of equitable tolling applies to the fifteen-day limitations period for challenging timber sales under Section 318, and that the plaintiffs' challenges to six timber sales should be permitted to proceed.
• Gormin v. Brown-Forman Corp.
  744 F. Supp. 1100· M.D. Fla.· 1990-07-11 ·cited 1×·via Equitable Tolling
  Unsupervised waivers of claims under the Age Discrimination in Employment Act (ADEA) are void and unenforceable because the ADEA incorporates the enforcement procedures of the Fair Labor Standards Act (FLSA), under which such waivers are invalid. A timely class charge filed by a
• Cooley v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  895 F.2d 1301· 11th Cir.· 1990-01-31 ·cited 1×·via Equitable Tolling
  The court held that a petition for review of a Benefits Review Board order must be filed with the appropriate court of appeals within the statutory 60-day period to invoke jurisdiction.
• Salazar v. Am. Tel. & Tel. Co.
  715 F. Supp. 351· S.D. Fla.· 1989-05-30 ·cited 1×·via Equitable Tolling
  The court held that the plaintiff's age discrimination claim was time-barred because she failed to file an administrative charge with the EEOC within the required 300-day period.
• United States v. Commercial Nat'l Bank OF Peoria
  874 F.2d 1165· 7th Cir.· 1989-05-10 ·cited 1×
  The court held that the June 16, 1978 letter, in context, constituted a valid informal refund claim, thus preventing the government from recovering the erroneously refunded taxes.
• Blocker v. AT & T Tech. Sys.
  666 F. Supp. 209· M.D. Fla.· 1987-07-16 ·cited 1×
  The court held that the plaintiff's Title VII claim was time-barred and that the pay disparities under the Equal Pay Act were justified by factors other than sex, specifically seniority and a company policy of retaining previous salaries for transferred employees.
• Leach v. Pan Am. World Airways, Inc.
  651 F. Supp. 713· S.D. Fla.· 1986-11-26 ·cited 1×
  The court held that the statute of limitations was tolled during the pursuit of internal union remedies and that federal question jurisdiction does not require an amount in controversy.
• Hodges v. United States Gov't
  762 F.2d 1299· 5th Cir.· 1985-06-17 ·cited 1×
  A taxpayer's statutory right to intervene in IRS summons enforcement proceedings is limited to district court actions and does not extend to appeals, and a late request to intervene on appeal is untimely.
• Hitchmon v. United States
  585 F. Supp. 256· S.D. Fla.· 1984-04-16 ·cited 1×
  The court held that the plaintiffs' claims for false arrest and false imprisonment accrued on the date of their arrest, and because they failed to file their administrative claim within the two-year statutory period, the court lacked subject matter jurisdiction.
• Farrell Lines, Inc. v. United States
  667 F.2d 1017· C.C.P.A.· 1982-02-04 ·cited 1×
  The court should grant a rehearing to reconsider its prior decision, which erroneously tolled a jurisdictional time limit for filing a protest against customs liquidation.
• Arnold v. Duval Cnty. Sch. Bd.
  549 F. Supp. 25· M.D. Fla.· 1981-12-10 ·cited 1×
  The court held that the plaintiff's action was barred by the two-year statute of limitations because she failed to timely pursue available state remedies.
• Kazanzas v. Walt Disney World Co.
  518 F. Supp. 292· M.D. Fla.· 1981-07-14 ·cited 1×·via Equitable Tolling
  The court held that the 180-day filing period for the ADEA claim should be tolled due to the defendant's failure to post a compliant notice, the plaintiff's lack of actual knowledge of the filing requirement, and the absence of prejudice to the defendant.
• Jackson v. Costa Lines, Inc.
  490 F. Supp. 393· S.D. Fla.· 1980-05-29 ·cited 1×
  The court held that the plaintiff was entitled to a salvage award for services rendered, as the purported contract for lifetime cruise privileges was too indefinite to be enforceable, and the pre-existing duty rule did not bar a salvage claim.
• Wallace v. Walton Context Bldg. & United States Fid. & Guar. Co.
  379 So. 2d 1311· Fla. 1st DCA· 1980-02-13 ·cited 1×
  A pretrial stipulation in which an employer agreed to authorize medical treatment by a specific physician is binding and tolls the statute of limitations for filing a workers' compensation claim in the absence of fraud or overreaching.
• Bangor & Aroostook R.R. Co. v. Interstate Commerce Comm'n
  578 F.2d 444· 1st Cir.· 1978-05-12 ·cited 1×·via Equitable Tolling
  The court held that the statute of limitations did not bar recovery because the defendant's evasive and misleading responses impeded the plaintiff's ability to discover the full scope of the violation, distinguishing the case from prior precedent.
• Cicurel v. Galton
  338 So. 2d 57· Fla. 3d DCA· 1976-09-21 ·cited 1×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact remained regarding the appellant's presence in Florida, which affected the statute of limitations.
• Gottesman v. Gottesman
  221 So. 2d 212· Fla. 3d DCA· 1969-03-25 ·cited 1×
  This case involves an appeal by an executor regarding the dismissal of a complaint alleging fraud and undue influence in the transfer of bank accounts. The appellate court affirmed the dismissal, finding the action was barred by the statute of limitations.
• Roslyne Levin v. Brooks
  159 So. 2d 914· Fla. 3d DCA· 1964-01-07 ·cited 1×
  This case clarifies when the one-year period to refile a lawsuit after a judgment reversal begins. The court held that the period starts from the issuance of the appellate court's mandate, not the filing of the decision.
• State v. Emanuel
  153 So. 2d 839· Fla. 2d DCA· 1963-05-31 ·cited 1×
  Florida appeals a trial court's order quashing an information charging Emanuel with breaking and entering and grand larceny. The court holds that a valid arrest warrant placed in a proper officer's hands commences prosecution and tolls the statute of limitations, and that a minor
• Nagatoshi v. Ex-Cello Corp.
  282 F.2d 380· 7th Cir.· 1960-09-20 ·cited 1×
  The court held that the plaintiff's complaint was timely filed because the circuit court's order extending the filing deadline tolled the statute of limitations.