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Blog Posts in Statute of Limitations

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  • Florida First DCA rules that relation back doctrine applied to amended complaint in wrongful death case involving state prison inmate, permitting filing after expiration of statute of limitations
    Florida First DCA rules that relation back doctrine applied to amended complaint in wrongful death case involving state prison inmate, permitting filing after expiration of statute of limitations

    On May 21, 2019, in Halveland v. Florida Department of Corrections , No. 1D18-1822, the Florida First DCA reversed a trial court ruling which had denied a plaintiff’s motion to amend her complaint ...

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  • Florida Third DCA affirms trial court’s dismissal of plaintiff’s negligence complaint against surveyor, rejects application of delayed discovery doctrine to statute of limitations bar
    Florida Third DCA affirms trial court’s dismissal of plaintiff’s negligence complaint against surveyor, rejects application of delayed discovery doctrine to statute of limitations bar

    On April 10, 2019, in Broz v. R.E. Reece , No. 3D18-273, the Florida Third DCA affirmed the trial court’s dismissal of a homeowner’s negligence complaint against the surveyor who prepared the property ...

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  • Florida Fifth DCA rules that four-year negligence statute of limitations in child sex abuse case began running on date of abuse rather than later date of discovery
    Florida Fifth DCA rules that four-year negligence statute of limitations in child sex abuse case began running on date of abuse rather than later date of discovery

    On May 18, 2018, in R.R. and S.B. v. New Life Community Church of CMA, Inc., No. 5D16-4149, the Florida Fifth DCA issued a per curiam ruling affirming a trial’s court’s summary judgment in favor of ...

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  • Florida Fifth DCA remands for further fact finding where complaint was date stamped by court clerk after statute of limitation expired but allegedly was received by clerk on expiration date.
    Florida Fifth DCA remands for further fact finding where complaint was date stamped by court clerk after statute of limitation expired but allegedly was received by clerk on expiration date.

    On November 3, 2017, in Mansfield v. R.J. Reynolds Tobacco Company , No. 5D16-1826, the Florida Fifth DCA reversed the trial court’s summary judgment for the defendant on statute of limitations ...

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  • Florida First DCA rules that personal injury lawsuit against prison governed by four year SOL rather than one year SOL for lawsuits relating to conditions of confinement
    Florida First DCA rules that personal injury lawsuit against prison governed by four year SOL rather than one year SOL for lawsuits relating to conditions of confinement

    On June 23, 2017, in Parker v. The Geo Group, Inc. , No. 1D16-2611, the Florida First DCA reversed a trial court’s dismissal of an inmate’s personal injury complaint against a prison operator, ...

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  • Florida Fourth DCA reverses trial court's dismissal of complaint in personal injury lawsuit on statute of limitations grounds
    Florida Fourth DCA reverses trial court's dismissal of complaint in personal injury lawsuit on statute of limitations grounds

    On March 22, 2017, in Jane Doe No. 3 v. Nur-Ul-Islam Academy , No. 4D15-4722, the Florida Fourth DCA reversed a trial court’s dismissal of a complaint in a personal injury lawsuit on statute of ...

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