Tolling Provisions

101 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Galvan v. Hess OIL Virgin Islands Corp.
  549 F.2d 281· 3d Cir.· 1977-02-08 ·cited 6×
  The infancy tolling provision of 5 V.I.C. § 36 applies to third-party suits under 24 V.I.C. § 263, and the lowering of the age of majority in 16 V.I.C. § 261 does not affect this tolling provision.
• Hussey v. Collier Cnty.
  158 So. 3d 661· Fla. 2d DCA· 2014-11-14 ·cited 5×
  Property owners challenged a county's amendment to its comprehensive land use plan that redesignated their rural property as Sending Lands, prohibiting mining and restricting development. The court reversed dismissal of their Bert J. Harris Private Property Rights Act claim, find
• Palmer v. Fortune Ins. Co.
  776 So. 2d 1019· Fla. 5th DCA· 2001-01-19 ·cited 5×
  Palmer, as personal representative of her deceased son's estate, sought statutory interest and attorney fees in a PIP insurance dispute against Fortune Insurance Company. The court held that Fortune's failure to pay or deny the PIP claim within 30 days of receiving written notice
• Pearson v. State
  18 So. 3d 645· Fla. 1st DCA· 2009-08-14 ·cited 4×
  The court held that the trial court erred in denying the petitioner's motion for speedy trial discharge because the delay in trial was not attributable to the petitioner.
• Robinson v. Merkle
  700 So. 2d 723· Fla. 2d DCA· 1997-09-19 ·cited 4×
  A West Virginia resident injured at birth in West Virginia sued in Florida for medical malpractice against the deceased doctor's estate. The Florida trial court dismissed the complaint under Florida's two-year statute of limitations, but the appellate court reversed, holding that
• Jackson v. City OF Beaumont Police Dep't
  958 F.2d 616· 5th Cir.· 1992-04-03 ·cited 4×
  The court held that the district court erred in denying the officers' Rule 12(b)(6) motion to dismiss by improperly conflating the standards for dismissal under Rule 12(b)(6) and 28 U.S.C. § 1915(d), and that the plaintiff failed to meet the heightened pleading requirements for q
• United States v. Wells
  893 F.2d 535· 2d Cir.· 1990-01-19 ·cited 4×
  The court held that the district court erred in dismissing the indictment with prejudice, as the government's actions did not constitute the level of misconduct required for such a dismissal, and the indictment sufficiently stated an offense under 18 U.S.C. § 912.
• Richardson v. R.L. Wilson and Lawrence Stoutamire, Jr.
  490 So. 2d 1039· Fla. 1st DCA· 1986-06-27 ·cited 4×
  The court held that the plaintiffs bore the burden of proving latent defects when asserting a claim under a statute of limitations with a specific exception for latent defects.
• State v. Walker Franklin Ivey
  410 So. 2d 636· Fla. 2d DCA· 1982-03-05 ·cited 4×
  The State of Florida appealed a trial court's order discharging a defendant under the Interstate Agreement on Detainers Compact's speedy trial provisions. The appellate court reversed, holding that the trial court failed to properly apply the tolling provisions that extend the 12
• Williams v. Dixon
  N.D. Fla.· 2024-02-12 ·cited 3×
  The court held that the case should be dismissed because the claims are barred by the statute of limitations and the plaintiff failed to fully disclose his litigation history.
• X.G. v. State
  106 So. 3d 90· Fla. 2d DCA· 2013-02-08 ·cited 3×
  The court held that a juvenile's probation cannot be revoked for violating a condition that was not imposed in the specific case.
• DAY v. State
  977 So. 2d 664· Fla. 5th DCA· 2008-02-22 ·cited 3×
  Robert Day, former Property Appraiser of Osceola County, appealed his convictions for grand theft and misdemeanor violations of election law for using county employees for personal work and campaign purposes. The court affirmed the grand theft convictions but reversed the misdeme
• Cannon v. Lindsey
  243 F. Supp. 2d 1339· M.D. Fla.· 2003-01-14 ·cited 3×
  The court held that the defendants are not entitled to qualified immunity at the motion to dismiss stage because the plaintiff adequately pleaded a constitutional violation of a clearly established right, and the statute of limitations issue is not ripe for resolution.
• Wagoner v. Wagoner
  938 F.2d 1120· 10th Cir.· 1991-07-11 ·cited 3×
  The court held that a prematurely filed notice of appeal is a nullity if filed while a tolling motion under Fed.R.Civ.P. 59(e) is pending.
• Guevara v. State
  983 So. 2d 738· Fla. 3d DCA· 2008-06-11 ·cited 2×
  Ernesto Guevara appeals his probation revocation and sentence. The court reversed because the trial court lacked jurisdiction to revoke probation when the only violations alleged during the probation term were technical violations that were acquitted, and new substantive violatio
• Florin Richard Dankert v. State
  859 So. 2d 1221· Fla. 2d DCA· 2003-11-07 ·cited 2×
  Florin Richard Dankert was convicted of two counts of handling and fondling a child under sixteen, but the Florida District Court of Appeal reversed and remanded for discharge because the prosecution was barred by the three-year statute of limitations. The court held that the sta
• Hemphill v. State
  820 So. 2d 405· Fla. 2d DCA· 2002-06-26 ·cited 2×
  Hemphill appealed a summary denial of his Rule 3.850 motion for postconviction relief, claiming his plea was involuntary due to ineffective assistance of counsel for failing to file motions challenging the statute of limitations. The court reversed and remanded for an evidentiary
• Lamothe v. Equifax Credit Info. Servs., Inc.
  718 So. 2d 326· Fla. 4th DCA· 1998-09-16 ·cited 2×
  Plaintiff sued Equifax under the Fair Credit Reporting Act alleging an improper credit report issued in September 1993. The trial court granted summary judgment to Equifax based on the two-year statute of limitations, and the appellate court affirmed, holding that the limitations
• Salter v. State
  651 So. 2d 1228· Fla. 2d DCA· 1995-03-03 ·cited 2×
  James Salter was charged with grand theft but not arrested until 1993, over four years after the five-year statute of limitations expired. The trial court denied his motion to dismiss, but this court reversed because the applicable statute of limitations had expired and the state
• Gonsalves v. Flynn
  981 F.2d 45· 1st Cir.· 1992-12-11 ·cited 2×
  The court held that the plaintiff's claims were time-barred because the amended Massachusetts tolling statute, which removed imprisonment as a condition for tolling the statute of limitations, applied to his suit filed after the amendment's effective date.
• Bianchi v. Bellingham Police Dep't
  909 F.2d 1316· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that actual, uninterrupted incarceration is the touchstone for determining disability by incarceration under Washington's tolling provision, allowing the statute of limitations to be tolled.
• Milan Knox v. Cook Cnty. Sheriff's Police Dep't & Robert Neapolitan
  866 F.2d 905· 7th Cir.· 1988-12-27 ·cited 2×
  A pro se litigant's erroneous concession regarding the statute of limitations, especially after denial of appointed counsel, should not be the basis for dismissing their claim.
• Oran L. Turner v. Evans
  704 F.2d 1212· 11th Cir.· 1983-05-09 ·cited 2×
  The court is certifying a question of Georgia law to the Supreme Court of Georgia because there is no clear precedent on whether the statute of limitations for personal injury actions is tolled for incarcerated individuals.
• Yarber v. Allstate Ins. Co.
  674 F.2d 232· 4th Cir.· 1982-03-19 ·cited 2×
  A federal court sitting in diversity must honor Virginia's venue restriction as an integral part of its statute of limitations policies when applying the state's voluntary nonsuit saving provision.
• Young v. Mabry
  596 F.2d 339· 8th Cir.· 1979-04-20 ·cited 2×
  The court held that the 33-day period during which the petitioner was in federal custody in Arkansas for a federal trial should be excluded from the 180-day speedy trial calculation under the Interstate Agreement on Detainers. The court also agreed that the petitioner suffered no
• Futura Music, Inc. v. Gates Radio Co.
  399 F.2d 308· 10th Cir.· 1968-07-22 ·cited 2×
  The court held that the action was barred by the statute of limitations because the new procedural code, which affected the remedy, applied to the case, and the plaintiff had a reasonable time to file suit after its effective date.
• Collazo v. State
  42 So. 3d 339· Fla. 5th DCA· 2010-08-19 ·cited 1×
• D.L. v. Cmty. Based Care of Brevard, Inc.
  Fla. 5th DCA· 2026-02-13
  D.L. appealed the dismissal of her negligence claims against foster care providers alleging they failed to protect her from sexual battery while in foster care. The court reversed, holding that D.L.'s negligence claims related to sexual abuse of a minor fall under Florida's unlim
• D. L. v. The Devereaux Found., Inc.
  Fla. 5th DCA· 2026-02-13
  D.L. filed a negligence action against foster care providers and a foster parent for failing to protect her from sexual abuse while in foster care. The trial court dismissed the claims as barred by the four-year statute of limitations for negligence, but the Fifth District Court
• v. John Taggart
  Del. Super. Ct.· 2026-01-29
  The Delaware Superior Court partially granted and partially denied a defendant's motions to dismiss an indictment charging him with multiple sexual offenses against minors allegedly committed in 1995-1996. The court dismissed two counts under the Ex Post Facto Clause but upheld t
• Pentheny v. State of Fla. (Clay)
  M.D. Fla.· 2025-04-17
  The court held that the plaintiff's filing, though styled as a § 1983 complaint, should be construed as a habeas petition and transferred to the proper venue. The court reasoned that justice is better served by transferring the case to the Middle District of Florida rather than d
• Oceania III Condo. Ass'n, Inc. v. Westchester Surplus Lines Ins. Co.
  S.D. Fla.· 2023-02-23
  The court held that the plaintiff's claims were time-barred as the statute of limitations had expired and the plaintiff failed to establish grounds for statutory tolling, equitable estoppel, or equitable tolling.
• Howard v. St. John's Cnty. Sheriff
  M.D. Fla.· 2022-03-04
  Kasim Howard sued law enforcement officers for excessive force and battery following a 2016 traffic stop that escalated when he refused to comply with officers' commands and was tased during arrest for an unregistered vehicle. The court granted summary judgment in favor of Office
• Centennial Bank v. Roddenberry
  238 F. Supp. 2d 322· N.D. Fla.· 2012-08-23
• D. & L.P. v. C.L.G. and A.R.L.
  37 So. 3d 897· Fla. 1st DCA· 2010-05-06
  A Florida appellate court affirmed a trial court's order recognizing an unmarried servicemember father's paternity rights and denying prospective adoptive parents' petition to terminate those rights, without deciding constitutional questions about the Putative Father Registry req
• Concord Steel, Inc.
  Del. Ch.· 2009-09-30
  The court held that the Non-Competition covenant in the Asset Purchase Agreement was breached by Defendants WSP and Neary. The court found the covenant to be unambiguous and applicable to HD plasma cutting work, not just oxyfuel. Consequently, WSP and Neary were found liable for
• Toranto Ex Rel. Rhonda Rubin Toranto Irrevocable Tr. v. Dzikowski
  380 B.R. 96· S.D. Fla.· 2007-12-17
  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.
• Babb v. State
  764 So. 2d 776· Fla. 1st DCA· 2000-07-14
  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
• Langley v. Alan D. Pierce, M.D.
  993 F.2d 36· 4th Cir.· 1993-04-12
  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.
• United States v. Neville
  985 F.2d 992· 9th Cir.· 1993-01-14
  A court's jurisdiction to revoke supervised release, initiated by an order to show cause during the release term, extends beyond the expiration of that term, and a defendant cannot unilaterally withdraw consent to a magistrate judge after validly giving it.
• Brown v. Wigginton
  981 F.2d 913· 6th Cir.· 1992-12-21
  The court held that the plaintiff should have been given one year from the effective date of the repeal of the tolling statute to file her complaint.
• Dahlberg v. Dr. David L. Harris, Interstate Med. Ctr., P.A.
  916 F.2d 443· 8th Cir.· 1990-10-10
  The Wisconsin borrowing statute, Wis.Stat. § 893.07, does not require the adoption of the commencement provision of the jurisdiction whose statute of limitations is borrowed; Wisconsin's commencement provision applies instead. The court reversed the grant of summary judgment.
• Wash. GAS Light Co. v. Halley I. Thomas
  649 F.2d 275· 4th Cir.· 1981-05-22
  The court held that the Longshoremen's and Harbor Worker's Compensation Act (LHWCA) § 3(a) does not bar compensation for an injury occurring outside the District of Columbia if the District Act applies, and that the statute of limitations was tolled because the employer failed to
• Custer v. The United States
  622 F.2d 554· Ct. Cl.· 1980-05-14
  The court held that the statute of limitations barred claims related to the '262 patent, and the A-10 aircraft did not infringe the '842 or '497 patents.