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

• Duncan v. Nelson
  466 F.2d 939· 7th Cir.· 1972-03-29 ·cited 42×
  The court held that while a plaintiff cannot recover damages for conviction and incarceration resulting from an improperly admitted involuntary confession, they may still pursue a claim for harm suffered due to the unlawful interrogation itself.
• Burnham Chem. Co. v. Borax Consolidated
  170 F.2d 569· 9th Cir.· 1948-10-27 ·cited 42×
  The court held that the plaintiff's action was an action at law for damages under federal antitrust laws, not a suit in equity, and was barred by the California statute of limitations because the plaintiff knew or had reason to believe its business was damaged by antitrust violat
• Pub. Health Tr. OF Dade Cnty. v. The Honorable Francis X. Knuck
  495 So. 2d 834· Fla. 3d DCA· 1986-10-07 ·cited 41×
  This case addresses whether a medical malpractice plaintiff who failed to comply with statutory prerequisites under Florida's Comprehensive Medical Malpractice Reform Act of 1985 can revive an abated action after the statute of limitations expires. The court held that absent prop
• Henson v. Columbus Bank & Tr. Co.
  651 F.2d 320· 5th Cir.· 1981-07-20 ·cited 41×
  The court held that the district court did not abuse its discretion in declining to exercise pendent jurisdiction over Henson's state-law claim, even after it became time-barred in state court.
• OTT v. Midland-Ross Corp.
  600 F.2d 24· 6th Cir.· 1979-06-04 ·cited 41×
  The court held that summary judgment was improperly granted, as conflicting evidence existed regarding whether the employer fraudulently induced the employee to delay filing his age discrimination claim, and that the jury should determine these factual issues.
• State v. Hickman
  189 So. 2d 254· Fla. 2d DCA· 1966-07-29 ·cited 41×
  The State of Florida appealed the Circuit Court's decision quashing a criminal information against Evelyn Hickman for uttering a worthless check. The District Court of Appeal reversed, holding that a warrant bearing the Justice of the Peace's facsimile signature was valid and suf
• Bertha Bldg. Corp. v. Nat'l Theatres Corp.
  248 F.2d 833· 2d Cir.· 1957-09-10 ·cited 41×
  The court held that the issue of whether the statute of limitations barred the plaintiffs' claims presented genuine issues of fact that should have been decided by a jury, not the judge.
• Gertrude L. Isaacs v. Fay Deutsch
  80 So. 2d 657· Fla.· 1955-04-29 ·cited 41×
  The Florida Supreme Court reversed a jury verdict awarding the full amount of unpaid weekly child support payments due under a 1928 contract between the parties. The court held that when a contract specifies fixed payment amounts at stated intervals, the statute of limitations ru
• Jones v. Childers
  18 F.3d 899· 11th Cir.· 1994-04-07 ·cited 40×·via Equitable Tolling
  Gordon and Laura Jones sued their financial advisor John Childers and his firm Talent Services, Inc. (TSI) for fraud, negligence, breach of fiduciary duty, breach of contract, and Florida civil RICO violations arising from Childers' misrepresentations regarding risky Israeli tax
• Drayden v. Needville Indep. Sch. Dist.
  642 F.2d 129· 5th Cir.· 1981-04-08 ·cited 40×
  The court held that the § 1985 claim was barred by the statute of limitations and that a private right of action under Title VI does not permit recovery of backpay or other losses, rendering the claim for injunctive relief moot.
• Sys. Mgmt. Assocs., Inc. v. State
  391 So. 2d 688· Fla. 1st DCA· 1980-11-04 ·cited 40×·via Tolling Provisions
  Systems Management Associates challenged a hearing officer's denial of its petition for rule determination under Florida's Administrative Procedure Act (APA), arguing that the deletion of a prohibition against motions for reconsideration from the revised Model Rules of Procedure
• Nilsen v. The City OF Moss Point
  621 F.2d 117· 5th Cir.· 1980-07-07 ·cited 40×
  The court held that the plaintiff failed to comply with statutory limitations periods for Title VII actions and that the district court did not abuse its discretion in denying motions to amend.
• Jackson v. Hayakawa
  605 F.2d 1121· 9th Cir.· 1979-10-04 ·cited 40×
  The court held that res judicata barred the claim regarding mass arrests, and the blacklist claim was barred by the statute of limitations. However, the court reversed summary judgment on the disciplinary proceedings claim, allowing plaintiffs to rely on a prior limited due proce
• Gonzalez v. Santiago
  550 F.2d 687· 1st Cir.· 1977-03-02 ·cited 40×
  The court held that a civil rights claim for political dismissal is governed by the statute of limitations for torts, not contracts, and the prior administrative appeal did not toll the limitations period.
• United States v. Charnay
  537 F.2d 341· 9th Cir.· 1976-05-07 ·cited 40×
  The court held that the indictment sufficiently alleged the requisite intent and scienter under Ernst & Ernst v. Hochfelder, despite the petition for rehearing claiming conflict.
• United States v. Strada
  503 F.2d 1081· 8th Cir.· 1974-10-10 ·cited 40×
  The court held that a probationer's voluntary appearance before the court during the probation period tolls the statutory period for revocation, and that the absence of a preliminary hearing does not violate due process if the probationer is not taken into custody before the evid
• The State of Fla. ex rel. Leocadio Leon v. Honorable H. Paul Baker
  238 So. 2d 281· Fla.· 1970-07-29 ·cited 40×
  The Florida Supreme Court held that a defendant's right to speedy trial under Florida Statute § 915.01(2) cannot be defeated by a crowded court docket or by the defendant's alleged acquiescence to continuances when the defendant had no opportunity to object. The Court reversed th
• Mayo Clinic v. Kaiser
  383 F.2d 653· 8th Cir.· 1967-10-12 ·cited 40×
  The court held that a case filed in the wrong venue can be transferred under 28 U.S.C.A. § 1406(a) even if the transferor court lacks personal jurisdiction, and that the statute of limitations of the transferor forum governs and is tolled by the initial filing.
• Benes v. United States
  276 F.2d 99· 6th Cir.· 1960-03-21 ·cited 40×
  The court held that the trial court's misstatements of fact and distortion of the defendant's defense in its jury instructions constituted prejudicial error requiring reversal and remand for a new trial.
• Mohler v. Miller
  235 F.2d 153· 6th Cir.· 1956-06-29 ·cited 40×
  The filing of a complaint, followed by lodging the writ with the marshal, tolls the statute of limitations, even if the filing fee is delayed due to a forma pauperis petition.
• Warner Williams v. United States
  228 F.2d 129· 4th Cir.· 1955-12-16 ·cited 40×
  The court held that insanity does not toll the statute of limitations under the Suits in Admiralty Act, and that the general agent was properly dismissed from the suit. Furthermore, the shipowner was not liable for damages due to commitment to a state hospital or for maintenance
• Anton Nicolai Simon v. The Celebration Co.
  883 So. 2d 826· Fla. 5th DCA· 2004-06-04 ·cited 39×
  The Simons appealed the trial court's dismissal of their lawsuit against The Celebration Company and educational institutions, alleging they relocated based on misrepresentations about educational quality at The Celebration School. The appellate court reversed in part and affirme
• Demps v. State
  696 So. 2d 1296· Fla. 3d DCA· 1997-07-16 ·cited 39×
  William Demps appealed the denial of his postconviction relief motion under Florida Rule 3.850, which was rejected as time-barred. The court reversed, holding that the two-year filing deadline should be tolled for the period Demps was incarcerated in Indiana without access to Flo
• Crawford v. United States
  796 F.2d 924· 7th Cir.· 1986-07-17 ·cited 39×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding his mental capacity to file a timely administrative claim under the Federal Tort Claims Act.
• McKINNEY v. Honorable Elizabeth Dole
  765 F.2d 1129· D.C. Cir.· 1985-07-02 ·cited 39×
  The court held that the plaintiff's complaint, when liberally construed, stated a claim for sex discrimination, but that summary judgment was appropriate on the reprisal claim due to a lack of causal connection.
• Morse v. Elmira Country Club
  752 F.2d 35· 2d Cir.· 1984-12-28 ·cited 39×
  Service by mail under Fed. R. Civ. P. 4(c)(2)(C)(ii) is valid in a diversity case governed by state statute of limitations, even if the acknowledgment is not returned, as long as the defendant received the mailed process within the limitations period.
• Linder v. Ole M. Berge
  739 F.2d 686· 1st Cir.· 1984-07-27 ·cited 39×·via Equitable Tolling
  The court held that the appellants' claims were time-barred under the applicable six-month statute of limitations, and their LMRDA claim lacked standing.
• Retail Clerks Union Local 648, AFL-CIO v. HUB Pharmacy, Inc.
  707 F.2d 1030· 9th Cir.· 1983-06-07 ·cited 39×·via Equitable Tolling
  The court held that the statute of limitations was equitably tolled under California law because the prior NLRB proceedings provided sufficient notice, the defendant suffered no prejudice, and the plaintiff acted reasonably and in good faith.
• Ingram Corp. & Ingram Contractors, Inc. v. J. RAY McDERMOTT & Co., Inc.
  698 F.2d 1295· 5th Cir.· 1983-02-28 ·cited 39×
  The court held that fraudulent concealment of an antitrust conspiracy by a party negotiating a release is sufficient to void the release, even if the concealment did not involve direct misrepresentation during the release negotiations.
• The Peoria Union Stock Yards Co. Ret. Plan v. The Penn Mut. Life Ins. Co.
  698 F.2d 320· 7th Cir.· 1983-01-20 ·cited 39×
• Hayim Kalmich v. Bruno
  553 F.2d 549· 7th Cir.· 1977-04-25 ·cited 39×
  The district court correctly analyzed the issues and its judgment should be affirmed.
• Buck v. Mouradian
  100 So. 2d 70· Fla. 3d DCA· 1958-01-21 ·cited 39×
  Sally Buck appealed a summary judgment dismissing her medical malpractice action against Dr. Mouradian based on the statute of limitations. The court held that the statute began running in 1951 when Buck became aware of her x-ray burns, even though she did not discover the full e
• Larson & Larson, P.A. v. TSE Indus., Inc.
  22 So. 3d 36· Fla.· 2009-11-05 ·cited 38×
  The Florida Supreme Court resolved a conflict between district courts regarding when the statute of limitations begins to run on legal malpractice claims in litigation. The court held that malpractice claims based on an underlying judgment accrue when that judgment becomes final,
• Alachua Cnty. v. Cheshire
  603 So. 2d 1334· Fla. 1st DCA· 1992-08-12 ·cited 38×·via Equitable Tolling
  Alachua County appealed a foreclosure judgment on two mortgages, contending that Cheshire's foreclosure action was barred by Florida's five-year statute of limitations on mortgage liens. The court affirmed, holding that equitable estoppel and/or equitable tolling precluded the Co
• Cocke v. Merrill Lynch & Co., Inc.
  817 F.2d 1559· 11th Cir.· 1987-06-02 ·cited 38×·via Equitable Tolling
  The court held that equitable tolling of the ADEA filing period may apply when an employer actively seeks to place the employee in a new position, and summary judgment is inappropriate when factual issues regarding tolling exist.
• Harris v. Union Elec. Co.
  787 F.2d 355· 8th Cir.· 1986-03-24 ·cited 38×
  The court held that there was sufficient evidence for the jury to find that the defendant violated Rule 10b-5 by issuing a misleading prospectus regarding bond call protection, and that the statute of limitations did not bar the claim.
• United States v. Edwards
  777 F.2d 644· 11th Cir.· 1985-12-06 ·cited 38×
  The court affirmed the judgments of conviction, holding that the indictments were timely filed and properly sealed, and that the tax evasion and false filing charges were adequately pleaded.
• Miller v. Marsh
  766 F.2d 490· 11th Cir.· 1985-07-23 ·cited 38×·via Equitable Tolling
  The court held that a Title VII plaintiff who voluntarily enrolls in full-time law school, thereby removing herself from the general labor market, is not entitled to back pay, even if she would have left school for the specific job she was denied.
• Wachovia Bank & Tr. Co. v. Nat'l Student Mktg. Corp.
  650 F.2d 342· D.C. Cir.· 1980-12-05 ·cited 38×·via Equitable Tolling
  The court held that the statute of limitations should be applied prospectively, and that appellants have a private right of action under section 10(b) of the Securities Exchange Act of 1934.
• Hastings v. Earth Satellite Corp. & Cont'l Cas. Co.
  628 F.2d 85· D.C. Cir.· 1980-03-19 ·cited 38×
  The court held that the repeal of the $24,000 permanent-partial disability ceiling applies retroactively, and that the calculation of permanent-total disability benefits must reflect the claimant's progressive increase in earning capacity, not a mechanical average.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  581 F.2d 556· 5th Cir.· 1978-10-06 ·cited 38×
• Matilde R. Ramirez de Arellano v. de Choudens
  575 F.2d 315· 1st Cir.· 1978-05-10 ·cited 38×·via Tolling Provisions
  The court held that the plaintiff's claim was time-barred because the prior mandamus action did not toll the statute of limitations for her § 1983 claim. The court also found that the plaintiff's due process rights were not violated.
• Clarke v. Burkle
  570 F.2d 824· 8th Cir.· 1978-02-21 ·cited 38×
  The court held that the district court abused its discretion by denying the plaintiff's motion for relief from judgment without an evidentiary hearing, and that the summary judgment for the defendant in the second case must also be vacated pending the outcome of that hearing.
• Greene v. Carter Carburetor Co.
  532 F.2d 125· 8th Cir.· 1976-04-02 ·cited 38×
  The court held that the plaintiff failed to timely file charges with the EEOC and that her § 1981 claim was barred by the statute of limitations.
• Turnbull v. Bonkowski
  419 F.2d 104· 9th Cir.· 1969-11-24 ·cited 38×
  The court held that Alaska's statute on the computation of time does not alter the common law rule for calculating a person's age, and therefore the plaintiff's action was barred by the statute of limitations.
• Renzo Aboandandolo v. Vonella
  88 So. 2d 282· Fla.· 1956-04-04 ·cited 38×
  The Florida Supreme Court upheld a judgment enforcing a New Jersey workers' compensation award against an appellant who challenged the New Jersey court's jurisdiction and claimed the statute of limitations had run. The court held that the appellant waived any statute of limitatio
• Emich Motors Corp. & U. S. Acceptance Corp. v. Gen. Motors Corp. & Gen. Motors Acceptance Corp.
  229 F.2d 714· 7th Cir.· 1956-01-27 ·cited 38×
  The court held that the trial court did not abuse its discretion in allowing the defendants to amend their answer to include the statute of limitations defense, and that the cause of action accrued upon notice of cancellation, not its effective date.
• King v. United States
  144 F.2d 729· 8th Cir.· 1944-10-12 ·cited 38×
  The court held that the evidence was sufficient, the prosecution was not barred by the statute of limitations due to the defendant being a fugitive, and the admission of evidence of a prior similar crime to show intent was proper.
• Villarreal v. R.J. Reynolds Tobacco Co.
  839 F.3d 958· 11th Cir.· 2016-10-05 ·cited 37×·via Equitable Tolling
  The Eleventh Circuit held that a job applicant cannot bring a disparate impact claim under the Age Discrimination in Employment Act (ADEA) because the relevant statutory provision, 29 U.S.C. § 623(a)(2), applies only to individuals with "status as an employee." The court also hel
• Maille Joseph v. State
  835 So. 2d 1221· Fla. 5th DCA· 2003-01-24 ·cited 37×
  Maille Joseph appealed the summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, claiming it was untimely. The Fifth District Court of Appeal affirmed, holding that Joseph's motion filed one day after the two-year deadline was properly