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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The court held that a motion to vacate sentence under 28 U.S.C. § 2255 is subject to a one-year limitations period, and jurisdictional challenges do not exempt a motion from this period.
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The court held that the petitioner's motion to vacate, set aside, or correct his sentence is denied because his claims are time-barred, procedurally defaulted, and without merit.
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The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his judgment became final and he failed to demonstrate extraordinary circumstances for equitable tolling.
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The court held that the petitioner's motion to vacate his sentence was time-barred under the Antiterrorism and Effective Death Penalty Act's one-year limitations period.
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M.D. Fla.·
2019-09-06
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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The United States is entitled to summary judgment because the plaintiff's Federal Tort Claims Act claim is time-barred and he failed to provide expert testimony to support his medical malpractice claim under Florida law.
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Fla. 1st DCA·
2019-08-21
An employer/carrier is not estopped from asserting a statute of limitations defense where the claimant fails to prove reliance on the carrier's informal email response, and arguments regarding the presuit resolution process that are not raised before the Judge of Compensation Cla
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The court held that a motion to vacate sentence under 28 U.S.C. § 2255 was time-barred because it was filed outside the one-year limitation period established by AEDPA, and a subsequent sentence reduction under Rule 35(b) does not reset this limitation period.
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M.D. Fla.·
2019-08-13
The court held that the petitioner's federal habeas corpus petition was filed outside the one-year statute of limitations and was therefore dismissed as time-barred.
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275 So. 3d 249·
Fla. 1st DCA·
2019-07-09
The filing of an unsuccessful petition for belated appeal does not toll or extend the two-year limit for filing a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
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The court held that the plaintiff's termination claim was reasonably related to his prior EEOC filings, thus satisfying the exhaustion requirement for his Title VII retaliation action.
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The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. Claims related to the "Founder's Shares" were dismissed as barred by laches due to the plaintiff's unreasonable delay and lack of vigilance. Claims related to the "Forman Options" based on
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272 So. 3d 417·
Fla. 4th DCA·
2019-04-03
The court certified a question to the Florida Supreme Court regarding whether statutory notice compliance tolls the statute of repose in construction defect actions.
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Del. Super. Ct.·
2019-02-25
The court granted in part and denied in part Viacom's motion for summary judgment. Counts II, III, and IV were dismissed entirely. Count I, for indemnification, was dismissed except for claims related to attorneys' fees and costs, which were allowed to proceed. The court denied M
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The court held that it had personal jurisdiction over the defendant but granted the defendant's motion to dismiss because the plaintiff's claims were barred by the doctrine of laches. The court found that the plaintiff had inquiry notice of its claims more than three years before
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The court held that the Division of Administrative Hearings properly dismissed the appellant's petition challenging an unadopted rule, both for failing to allege sufficient facts and for being untimely filed.
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254 So. 3d 576·
Fla. 3d DCA·
2018-07-18
The trial court properly dismissed the medical malpractice and wrongful death complaint with prejudice because the plaintiff failed to comply with Florida's statutory pre-suit requirements, including failure to provide proper notice, expert affidavits, and a reasonable basis for
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Fla. 3d DCA·
2018-07-18
Medical malpractice complaints must comply with Florida's statutory pre-suit requirements, including proper notice, corroborating expert affidavits, and a reasonable factual basis for the claims; dismissal with prejudice is appropriate when these requirements are not satisfied an
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Fla. 3d DCA·
2018-07-18
Medical malpractice complaints must comply with Florida's statutory pre-suit requirements, including proper notice, corroborating expert affidavits, and a reasonable factual basis for the claims; dismissal with prejudice is appropriate when these requirements are not satisfied an
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Del. Super. Ct.·
2018-06-21
The court denied the defendants' motion to dismiss the fraud claim. The court found that the fraud claim, although filed outside the statute of limitations, was potentially tolled due to the defendants' alleged concealment of material information and that the claim could relate b
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Del. Ch.·
2018-04-16
The Court of Chancery granted the motion to dismiss, finding it lacked subject matter jurisdiction over claims concerning the inventory and distribution of a foreign estate, and lacked personal jurisdiction over the defendant Johny Jacobo Czarninski Baier. Furthermore, even if ju
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The State appealed the dismissal of a juvenile delinquency case for battery after the trial court determined it lacked jurisdiction when T.A.K.'s probation expired. The court affirmed the dismissal, holding that the State failed to properly initiate revocation proceedings because
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Del. Super. Ct.·
2017-09-21
The Superior Court of Delaware granted summary judgment for Defendant Dr. Yogi Trivedi, holding that the Plaintiffs failed to comply with the statutory requirement of sending a Notice of Intent letter to Dr. Trivedi's "regular place of business" at the time the letter was sent. T
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The Court denied the postconviction relief motions filed by eight defendants based on alleged misconduct at the Office of the Chief Medical Examiner (OCME). The Court found that defendants who pleaded guilty waived their right to Brady impeachment evidence, and their pleas were k
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The court granted the defendants' motion to dismiss, finding that the plaintiff's claims for breach of fiduciary duty and aiding and abetting were barred by laches. The court determined that the plaintiff's tolling arguments were an impermissible collateral attack on a prior arbi
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269 F.R.D. 176·
S.D. Fla.·
2017-02-27
The Court granted in part and denied in part Defendants' motion to strike, granted Defendants' motion to strike Plaintiffs' supplemental filing, and denied Plaintiffs' motion for leave to file a supplement.
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The Court of Chancery Master recommended denying the motion to dismiss filed by the attorney-in-fact (Kem). The Master found that the brother's (Dean) 2016 petition should be treated as an amendment to his 2012 counterclaim, relating back to the original filing date. The Master a
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The Court of Chancery granted in part and denied in part the motion to dismiss counterclaims. Portions of the counterclaims were dismissed as time-barred by the statute of limitations and laches, and one counterclaim for breach of a cooperation clause in a separation agreement fa
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192 So. 3d 675·
Fla. 2d DCA·
2016-06-01
Cornelius Seraphin appealed the dismissal of his postconviction Rule 3.850 motion claiming his plea agreement was violated because he did not receive jail credit for time served in federal custody. The court reversed the dismissal, holding that Seraphin's timeliness claim has arg
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The Delaware Superior Court granted summary judgment for the defendants, finding that the plaintiffs' claims were time-barred by the statute of limitations. The court determined that the plaintiffs were on inquiry notice of their claims on or before the date of settlement, July 1
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The court granted the defendants' motion to dismiss, finding that the plaintiffs' claims were time-barred by the applicable statutes of limitations and that no tolling doctrines applied. The court determined that the plaintiffs were aware of the alleged wrongful acts by 2005 at t
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Del. Super. Ct.·
2016-05-04
The Delaware Superior Court granted defendants' motion to dismiss, holding that plaintiffs' claims for negligence and wrongful death were time-barred under Bangladesh's one-year statute of limitations and that plaintiffs failed to state a prima facie case for negligence because d
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The court held that summary judgment should be granted in favor of the State of Delaware defendants on the plaintiff's federal ADA claims due to Eleventh Amendment sovereign immunity. The court also granted summary judgment for the state's PWDEPA claims against DelDOT as time-bar
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The court held that the plaintiff failed to file her complaint within the 90-day period required by Title VII, even considering the EEOC's mailing errors, because she had actual knowledge that the investigation had concluded.
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The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
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Del. Super. Ct.·
2016-02-29
The court denied Viacom's motion to dismiss, finding that the plaintiff's claims were not barred by res judicata or the statute of limitations. The court determined that the plaintiff's claims were either not ripe during the prior litigation or were based on facts that were unkno
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Del. Ch.·
2015-09-10
The Delaware Court of Chancery granted in part and denied in part the defendants' motion to dismiss and strike. The court denied the motion to dismiss Counts II and III, finding them moot or lacking subject matter jurisdiction, respectively. The court denied the motion to strike
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165 So. 3d 839·
Fla. 2d DCA·
2015-06-05
The court held that the trial court erred in placing the burden on the defendant to prove the statute of limitations had expired, and that the State bears this burden.
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The Court of Chancery denied in part and granted in part the defendants' motion to dismiss. The court found it reasonably conceivable that the plaintiff could prove breach of contract and promissory estoppel claims related to an alleged oral agreement to renew a lease, and that t
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154 So. 3d 430·
Fla. 3d DCA·
2014-12-17
In this medical malpractice appeal, the Florida Third District Court of Appeal reversed summary judgment and held that a notice of intent to initiate litigation sent to some defendants tolls the statute of limitations for all potential defendants under Florida Statutes Section 76
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Del. Ch.·
2014-10-30
The court recommended granting the respondents' motion to amend their answer, defenses, and counterclaims to join the president of the HLHA Board of Directors and the property management company as additional parties. The court found that the statute of limitations for claims aga
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The Delaware Court of Chancery held that while the recapitalization was approved at a fair price, the process was grossly unfair, constituting a breach of fiduciary duty by the control group and conflicted directors. The court found that the plaintiffs had standing to bring direc
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The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims related to the ABA's initial adoption as an anti-takeover device and certain disclosure claims in prior proxy statements due to laches or lack of damages. Claims
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Olean Medical Condominium Association appeals a trial court judgment that awarded damages to unit owner Dr. Azima for roof repairs following Hurricane Charley in 2004, despite Olean raising a statute of limitations defense. The court reversed, holding that the trial court erred b
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15th Cir. Ct. App. Div.·
2014-06-19
Rafael Carmoega-Pinero petitioned for a writ of prohibition to prevent the State from prosecuting him for violating an injunction for protection against domestic violence, arguing the statute of limitations had expired. The appellate court granted the petition, finding the State
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The court held that the Slaters' first Proof of Loss, submitted on August 27, 2012, was timely under the 60-day deadline, calculated using Rule 6(a) of the Federal Rules of Civil Procedure, regardless of whether the loss date was June 26, 27, or 28, 2012.
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Del. Super. Ct.·
2014-06-11
The court held that Rotorcraft Leasing Company, LLC (RLC) is not obligated to indemnify Bristow Group, Inc./Air Logistics, LLC (Bristow/AL) due to Delaware's Workers' Compensation Statute. However, the court found that RLC breached its contractual duty to provide insurance and it
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Del. Super. Ct.·
2014-04-14
The Court granted the defendants' motion to dismiss, holding that the plaintiffs' legal malpractice claims were barred by the statute of limitations. The court found that neither plaintiff, Gray nor RRI, could demonstrate blameless ignorance of the facts constituting the alleged
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131 So. 3d 823·
Fla. 1st DCA·
2014-02-07
In this workers' compensation case, the court affirmed the Judge of Compensation Claims' dismissal of the claimant's petition for benefits as time-barred under Florida's statutory limitations period. The court held that the limitations period begins to run when a prescription for
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The court reversed the Office of Financial Regulation's final order imposing a $48,000 fine and remanded for consideration of whether equitable tolling applies to the appellants' late request for an administrative hearing.