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 the doctrine of equitable tolling applies, excusing Garcia's failure to respond and attend a hearing due to the DBPR's misleading conduct.
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560 F. Supp. 2d 1270·
M.D. Fla.·
2008-06-06
The court held that the addition of a new plaintiff, Villere, was permissible and related back to the original filing, and that the statute of limitations was tolled, allowing the Section 11 and 15 claims to proceed.
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The court held that genuine issues of material fact exist regarding whether the plaintiff is entitled to equitable tolling of the FTCA statute of limitations, thus denying the defendant's motion for summary judgment on that ground.
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Wilson Osorio petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his conviction for third-degree murder and sentence of 207.75 months imposed by a Florida trial court. The district court dismissed the petition as time-barred under the Antiterrorism an
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Suelter appealed an administrative order dismissing her pension petition, but the appeal was filed more than 30 days after the order was rendered. The court dismissed for lack of jurisdiction because Suelter's post-judgment motion for reconsideration did not toll the appeal deadl
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The Court of Chancery dismissed the fraud and breach of contract claims as barred by the statute of limitations, finding that the plaintiffs failed to establish grounds for tolling under either fraudulent concealment or equitable tolling. The court held that the plaintiffs, as so
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Del. Super. Ct.·
2008-01-30
The Court granted in part and denied in part the plaintiff's motion to compel discovery, ordering production of information regarding prior COLI cases, government agency information from states that did not approve the plans, and communications about COLI risks to other insured p
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A judgment lien perfected and valid under Florida law at the time of a debtor's bankruptcy filing does not lapse post-petition due to failure to renew under state law.
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The amended complaint is dismissed as time-barred. Claims challenging actions taken pursuant to a contract formed in 1986 accrue at the time of the contract's formation, not when the effects of those terms are felt. Plaintiffs failed to plead facts demonstrating equitable tolling
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The court held that the partnership agreement, not common law, provided the relevant standard of care for the general partner's oversight duty. Because the general partner delegated nearly all managerial responsibilities to conflicted entities, its residual duty of oversight requ
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Del. Super. Ct.·
2007-06-20
The Court affirmed the dismissal of the information, holding that the prosecution was barred by the statute of limitations. The Court found that the filing of a complaint in Justice of the Peace Court does not commence a prosecution for statute of limitations purposes under 11 De
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The court held that the petitioner's federal habeas petition was untimely because it was filed more than one year after his conviction and sentence became final, and the tolling provisions did not apply.
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The court held that the federal habeas corpus petition was untimely filed, as it was filed more than one year after the petitioner's conviction became final, and the tolling provisions did not apply.
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Del. Super. Ct.·
2007-02-28
The Delaware Superior Court denied the defendants' motion for summary judgment, holding that the plaintiffs' claims for fraud, conversion, and violations of the Delaware Prohibited Trade Practices Act were timely filed. The court found that the twenty-year statute of limitations
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Del. Super. Ct.·
2007-02-28
The Court held that the plaintiffs' action was timely filed because the three-year statute of limitations for fraud, conversion, and violations of the Delaware Prohibited Trade Practices Act was tolled by the defendants' fraudulent concealment. The court found that the plaintiffs
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Del. Ch.·
2007-02-06
The court partially grants the motion to dismiss, dismissing Counts I (consulting contracts) and VIII (misrepresentations in 2004 proxy statement) entirely, and Count VII (contempt) as procedurally improper. Count IV (related-party transactions) is dismissed except for transactio
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946 So. 2d 601·
Fla. 1st DCA·
2006-12-29
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The court granted summary judgment for the auction house, finding that the purchasers failed to present evidence of scienter for their fraud claim and that their claim was barred by the statute of limitations. Even assuming the painting was a forgery, the auction house acted in g
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447 F. Supp. 2d 1307·
S.D. Fla.·
2006-08-14
The court held that it lacked subject matter jurisdiction because the plaintiffs' state law contract claim did not present a substantial and disputed federal question necessary for federal court adjudication under the Grable test.
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The court denied the purchasers' motion to amend their petition for rescission. The proposed new claims of mutual mistake of fact, negligent misrepresentation, and constructive fraud were found to be barred by the applicable statute of limitations. Furthermore, the court determin
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Del. Super. Ct.·
2006-05-01
The Industrial Accident Board's decision granting the County's motion to dismiss is affirmed. The Court held that the statute of limitations for workers' compensation claims, as defined by DEL. CODE ANN. tit. 19, § 2361(b), began to run from the date of the last payment, April 28
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Del. Super. Ct.·
2006-04-28
The court denied the defendant's motion for summary judgment, finding that material issues of fact existed regarding the plaintiffs' claims of negligence, breach of fiduciary duty, and fraud. The court also denied the defendant's motion to dismiss the contract claims, determining
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15th Cir. Ct. App. Div.·
2006-01-26
The court granted a petition for writ of prohibition, finding that the State failed to commence prosecution within the statute of limitations period for a first-degree misdemeanor charge. The State could not satisfy its burden of proving the defendant was continuously absent from
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The court held that the Sarbanes-Oxley Act does not revive claims that were already time-barred before its effective date, irrespective of inquiry notice.
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The court held that the plaintiff's lawsuit was time-barred because it was filed more than 90 days after receiving the EEOC's right-to-sue letter via fax.
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377 F. Supp. 2d 1196·
N.D. Fla.·
2005-03-30
The court held that the defendants did not waive their statute of limitations defense beyond a 60-day period, and the plaintiffs' claims were filed outside this period and thus time-barred.
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Del. Ch.·
2005-02-23
The court held that property held in constructive trust by a decedent is not part of the decedent's estate and thus not subject to the estate's statute of limitations. The court also held that while a three-year statute of limitations applies to breach of fiduciary duty claims, a
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Del.·
2005-01-14
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that SABIC's claims of error regarding the statute of limitations, evidentiary rulings, release defense, breach of contract claims, and tort claims for usurpation were without merit. The court found that t
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The Florida Department of Corrections appealed a Public Employees Relations Commission order reinstating a former employee and awarding back pay based on equitable tolling of the appeal deadline. The court reversed, holding that the Department's termination letter accurately stat
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The court held that the plaintiff's Title VII race discrimination claim was time-barred due to failure to file within the 90-day period after receiving the right-to-sue letter, and that the plaintiff failed to establish a prima facie case for discriminatory failure to promote und
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Del.·
2004-11-04
The Court reversed the Court of Chancery's dismissal of Wal-Mart's claims, holding that the limitations defense required a more developed record and could not be decided as a matter of law on a motion to dismiss. The Court found that the lower court erred in considering extrinsic
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The court granted summary judgment for the County on federal claims, denied the plaintiff's motions, and declined supplemental jurisdiction over state law claims.
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Del. Super. Ct.·
2003-11-18
The court granted summary judgment for the defendant, PricewaterhouseCoopers LLP (PwC), finding that the plaintiffs' action for negligent misrepresentation was barred by the statute of limitations. The court determined that the statute began to run on January 6, 1999, when the pl
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282 F. Supp. 2d 1324·
M.D. Fla.·
2003-08-05
The court held that actual labor performance data accumulated at a contractor's facility during contract negotiations constitutes 'cost or pricing data' under the Truth in Negotiations Act (TINA) and must be disclosed to the government, even if the contractor believes it is specu
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268 F. Supp. 2d 1329·
M.D. Fla.·
2003-06-20
A petitioner's failure to file a § 2255 motion within the one-year limitations period, even for claims based on newly recognized rights, does not render the § 2255 remedy inadequate or ineffective to allow use of the § 2241 savings clause.
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835 So. 2d 310·
Fla. 3d DCA·
2002-12-26
The court held that the statute of limitations bars the plaintiffs' claims under the Florida Lemon Law's resale provision.
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826 So. 2d 496·
Fla. 3d DCA·
2002-09-25
The court held that the defendant's post-conviction motion was not procedurally barred due to tolling of the filing period while he was out of state. However, some claims of ineffective assistance of counsel require an evidentiary hearing.
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The Court of Chancery granted in part and denied in part defendants' motions to dismiss. Demand was excused for certain derivative claims, including entrenchment and the CEI acquisition, based on the Aronson test's prongs of director disinterest/independence and the validity of b
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813 So. 2d 292·
Fla. 5th DCA·
2002-04-19
Kalani Burbank appealed a summary judgment dismissing her medical malpractice claim against Dr. Sztulman based on expiration of the statute of limitations. The court reversed, holding that the statute of limitations had not expired when suit was filed because the notice of intent
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The court held that the Section 12(a)(1) claim was time-barred and that state securities law claims were preempted by federal law.
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810 So. 2d 524·
Fla. 3d DCA·
2002-01-16
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811 So. 2d 674·
Fla. 3d DCA·
2001-11-28
Carlos Sainz was convicted and his sentence was withheld in Florida in 1988. After being transferred to New Jersey authorities for prosecution on separate homicide charges, Sainz was not returned to Florida for sentencing until 2000—more than five years after his guilty plea. The
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140 F. Supp. 2d 1304·
M.D. Fla.·
2001-04-24
The court held that genuine issues of material fact precluded summary judgment on the duty of fair representation and civil rights claims against the Teamsters and Local 79, but granted summary judgment for Local 79 on Title VII and Florida Civil Rights Act claims.
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781 So. 2d 503·
Fla. 3d DCA·
2001-04-04
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778 So. 2d 1084·
Fla. 3d DCA·
2001-03-07
Vivian and Tonya Boehnen appeal the dismissal of their maritime personal injury suit arising from sexual assault during a cruise. The court reverses, holding that a mentally incompetent person without a legal guardian is protected by federal maritime law and may bring suit within
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775 So. 2d 367·
Fla. 2d DCA·
2000-10-11
The Florida Department of Insurance, as receiver of Armor Insurance Company, appealed the dismissal of its action against ADP Totalsource entities to recover allegedly owed workers' compensation insurance premiums. The court affirmed the dismissal on statute of limitations ground
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Hubert Babb appeals his convictions for sexual battery on his minor daughter, challenging the sufficiency of the statute of limitations for certain counts and arguing the information violated his due process right to speedy trial. The court affirms all convictions, holding that c
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778 So. 2d 997·
Fla. 1st DCA·
2000-06-22
Workers' compensation claim was not barred by the two-year statute of limitations because uncontradicted medical evidence showed continuous treatment within the two-year intervals, tolling the statute under section 440.19(1)(b), Florida Statutes.
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779 So. 2d 368·
Fla. 2d DCA·
2000-05-03
The appellate court held that the 1989 version of the statute of limitations applies, and the defendant may have stated a facially sufficient claim for ineffective assistance of counsel if the state unreasonably delayed executing the capias.
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743 So. 2d 1200·
Fla. 1st DCA·
1999-11-08
This workers' compensation appeal addresses whether a statute of limitations defense bars an injured worker's claim for additional medical benefits where the claimant did not seek treatment for over two years after declining surgery. The court holds that the statute of limitation