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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754 So. 2d 729·
Fla. 4th DCA·
1999-11-03
A value adjustment board's decision that fails to include findings of fact, conclusions of law, and reasons for its determination does not satisfy the mandatory requirements of section 194.034(2), Florida Statutes, and therefore does not trigger the 60-day statutory deadline for
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Del. Ch.·
1999-08-10
The Delaware Court of Chancery held that corporate fiduciaries who systematically looted companies, breached their fiduciary duties, and engaged in fraud and waste are liable for the diverted assets. The court rejected defenses of lack of personal jurisdiction and statute of limi
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727 So. 2d 382·
Fla. 5th DCA·
1999-03-05
The Florida Fifth District Court of Appeal reversed a trial court's summary judgment against the Brevard County Tax Collector, holding that the seven-year limitation period for enforcing tax certificates under section 197.482 is tolled during bankruptcy proceedings affecting the
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240 B.R. 636·
S.D. Fla.·
1999-02-25
The court held that the time period for tax dischargeability is tolled during bankruptcy proceedings, the 1991 federal tax lien was invalid due to improper filing location, and the 1994 federal tax lien filing did not violate the automatic stay. The case is remanded for determina
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956 F. Supp. 2d 722·
M.D. Fla.·
1999-02-05
The court denied plaintiff's motion for leave to amend and supplement its complaint because the motion was filed after the deadline, lacked good cause, and would cause undue delay and prejudice to the defendants.
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The court held that a pro se prisoner's petition for writ of habeas corpus is not deemed filed until it is received by the clerk of court, and mailing it on the last day of the limitation period does not constitute timely filing. Furthermore, the court found that the petitioner h
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719 So. 2d 987·
Fla. 5th DCA·
1998-10-23
The court held that the notice of intent periods under section 766.106(4) are not automatically added to the end of the statute of limitations period, and that the suit was untimely.
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213 B.R. 406·
S.D. Fla.·
1997-08-01
The court held that the statute of limitations barred the trustee's claims because the knowledge of the bank's officers and directors was imputed to the trustee, and no exceptions applied.
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The court held that the appellants could not invoke the single-filing rule because their own claims were time-barred and they could not have filed a valid charge when the other plaintiff filed his.
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The court held that the plaintiff's claims were barred by the applicable statutes of limitations, warranting summary judgment for the defendant.
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The court granted in part and denied in part the plaintiff's motion to enforce judgment, finding that while past noncompliance with court orders would be excused, future noncompliance would constitute contempt.
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Del. Ch.·
1997-03-10
The Court of Chancery properly granted summary judgment in favor of the corporate trustee, BNY Mellon, finding that the beneficiaries' and individual co-trustees' claims were barred by laches and the statute of limitations. The court determined that the respondents had actual and
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682 So. 2d 573·
Fla. 1st DCA·
1996-10-08
The City of Fernandina Beach appealed the dismissal of its challenge to a Nassau County Value Adjustment Board decision, arguing the statutory 60-day filing deadline should be tolled due to alleged procedural irregularities. The court affirmed the dismissal, holding that the city
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669 So. 2d 1101·
Fla. 1st DCA·
1996-03-19
A claimant injured in 1980 suffered a 1989 reinjury and settled her 1989 workers' compensation claim with her then-current employer and carrier (FEISCO) for $30,000, stipulating to a 9% permanent impairment rating. She later sought wage loss benefits from her original 1980 employ
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659 So. 2d 1248·
Fla. 1st DCA·
1995-08-28
The appellate court reversed a workers' compensation finding, holding that the claim was barred by the statute of limitations. The court found no competent substantial evidence to support the date of injury or the employer's intent to pay salary in lieu of compensation benefits,
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The court held that actions for attorneys' fees under the IDEA are subject to a 30-day statute of limitations, analogous to appeals from administrative hearings.
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658 So. 2d 560·
Fla. 3d DCA·
1995-06-21
Baptist Hospital appeals from an order striking its medical bill claim against an estate as untimely under Florida's two-year limitations statute for claims against decedents' estates. The court held that while caveats do not toll the statutory period, fraud or misrepresentation
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The court held that the plaintiff's Title VII and retaliation claims could proceed, but the Section 1983 claim was dismissed due to failure to allege a policy or custom.
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The court denied Ambase Corporation's motion for reargument, affirming its prior decision to dismiss Ambase's claims against City Investing Liquidating Trust and its affiliates. The court found that Ambase failed to demonstrate a misunderstanding of material fact or misapplicatio
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647 So. 2d 282·
Fla. 2d DCA·
1994-12-09
R.G., a juvenile, appeals his adjudication of delinquency for grand theft after the trial court denied his motion to dismiss the delinquency petition as untimely. The court reverses, holding that because the delinquency petition was not filed within forty-five days of custody and
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633 So. 2d 464·
Fla. 5th DCA·
1994-02-04
James and Marian Mason appealed a summary judgment dismissing their medical malpractice claim against Dr. Bisogno based on expiration of the statute of limitations. The court held that when a defendant rejects a claim during the extended presuit screening period, the 60-day filin
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162 B.R. 20·
S.D. Fla.·
1993-12-20
The court affirmed the bankruptcy court's decision, holding that the appellants' claim was barred by both collateral estoppel and the statute of limitations.
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996 F.2d 786·
5th Cir.·
1993-08-02
The court held that the plaintiff's pursuit of state habeas remedies tolled the prescriptive period for his civil rights action.
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737 F. Supp. 671·
S.D. Fla.·
1993-07-30
The court held that the plaintiff's action must be dismissed because he failed to comply with the mandatory time limitations for filing a complaint and serving process, regardless of his pro se status or the sufficiency of his initial filings.
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995 F.2d 74·
5th Cir.·
1993-07-14
Notice of claim given to any party within the two-year limitations period tolls the statute for all potential litigants for an additional 75 days. Insufficient notice period requires abatement, not dismissal.
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The court held that the six-month statute of limitations for a hybrid § 301/fair representation suit begins to run when the union's failure to pursue the grievance or arbitration becomes final, not when the employee receives actual notice.
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The court held that while the FAA's initial failure to prepare an Environmental Assessment for the 1989 air traffic changes might have been erroneous, subsequent comprehensive environmental studies and decisions rendered the petitions moot, and the FAA's actions did not violate t
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996 F.2d 67·
5th Cir.·
1993-07-07
The court held that LIGA's due process rights were not violated by administrative delays and that the compensation order was final despite a clerical error.
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995 F.2d 49·
5th Cir.·
1993-06-25
A properly sealed indictment tolls the statute of limitations, absent a showing of substantive and actual prejudice to the defendant.
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996 F.2d 716·
4th Cir.·
1993-06-22
The Soldiers' and Sailors' Civil Relief Act of 1940 tolls the period for filing claims in a Chapter 11 bankruptcy reorganization for military personnel on active duty.
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The court held that the Miller Act one-year limitations period was equitably tolled by the subcontractor's good-faith filing in a district court with proper subject matter jurisdiction, and that the sureties were bound by the arbitration award against the principal due to privity
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The court held that the 30-day limitations period under the CSRA for federal employees' discrimination claims is subject to equitable tolling, and the plaintiff raised a genuine issue of fact regarding whether her mental condition warranted tolling.
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995 F.2d 706·
7th Cir.·
1993-06-04
The court held that the RICO claim was properly dismissed for failing to plead a pattern of racketeering with sufficient particularity, and that claims against KGR were properly dismissed as time-barred due to the termination of its agency relationship with Kirsch.
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993 F.2d 990·
1st Cir.·
1993-05-26
The court held that the Board reasonably interpreted the NLRA's statute of limitations to bar reinstatement of dismissed charges absent fraudulent concealment, and that the Board's application of the 'closely related' test was also reasonable.
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992 F.2d 391·
1st Cir.·
1993-05-12
The court held that the plaintiffs' letters did not constitute a "precise and specific" extrajudicial claim sufficient to toll Puerto Rico's one-year statute of limitations for tort actions.
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The court vacated the dismissal and remanded to the district court to decide whether to allow the case to proceed, considering the statute of limitations issue.
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992 F.2d 813·
8th Cir.·
1993-05-07
The court held that the plaintiff's fraud claim was barred by the statute of limitations because she discovered or should have discovered the fraud more than three years before filing suit.
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The court held that the dealers' claims under the Petroleum Marketing Practices Act (PMPA) were barred by the one-year statute of limitations, as the cause of action accrued when their franchise agreements expired or when Shell assigned them to Panoco, not when Shell later assert
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The court held that while ERISA and COBRA do not require continuation of life insurance benefits, the conversion period for life insurance may be equitably tolled if the insured became incapacitated during that period.
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The court certified the question of whether the statute of repose was tolled by the defendant's departure from the state, as there was no controlling precedent.
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The court held that the plaintiff's claim did not accrue until the Interior Board of Land Appeals decision became final, thus complying with the Federal Tort Claims Act's two-year statute of limitations.
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990 F.2d 905·
6th Cir.·
1993-04-08
An action filed in violation of the automatic bankruptcy stay is voidable, not void, and must be refiled within 30 days after the stay is lifted to comply with the statute of limitations.
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The court held that the plaintiffs' securities fraud claims were time-barred under the Lampf decision and that Section 27A did not revive them because they failed to properly move for reinstatement. The court also held that the plaintiffs failed to establish a pattern of racketee
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990 F.2d 467·
9th Cir.·
1993-03-31
The court held that Sanders's claim was barred by collateral estoppel and Matthews's claim was barred by the statute of limitations.
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The court held that the thirty-day time limit for seeking review of a special master's decision is not jurisdictional and may be subject to waiver or tolling in the interest of justice.
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986 F.2d 201·
7th Cir.·
1993-02-18
The court held that an Illinois statute creating an exception to the tolling of the statute of limitations for prisoner claims against Department of Corrections officials is inconsistent with the purposes of 42 U.S.C. § 1983 and cannot be applied to such suits.
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The court held that a cause of action under the Death on the High Seas Act accrues at the time of probable death, not upon a judicial declaration of death or appointment of a representative for the defendant's decedent, and equitable tolling does not grant an automatic extension
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The court held that a dismissal without prejudice for failure to prosecute, which effectively bars refiling due to a statute of limitations, should be reviewed with the same standard as a dismissal with prejudice. The court reversed and remanded for an evidentiary hearing.
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981 F.2d 254·
5th Cir.·
1993-01-21
The court held that the district court abused its discretion by dismissing the inmate's § 1983 claims as frivolous, as the inmate presented a colorable claim for tolling of the statute of limitations due to exhaustion of administrative remedies and a potentially arguable claim re