Statute of Limitations Blog | Sands, White & Sands, P.A.

Florida Supreme Court rules that minor-aged victim of sexual abuse is not entitled to accrue negligence and respondeat superior claims against employer of abuser until a proper representative knew or reasonably should have known of the facts that supported the cause of action November 18, 2020

On October 1, 2020, in RR, et al., New Life Community Church of CMA, Inc., et al, No. SC18-962, a case in which the plaintiffs alleged that they were sexually abused as children by an individual employed by the defendant church...

Florida First DCA affirms dismissal of wrongful death complaint on statute of limitations grounds based on incorrect filing of lawsuit in decedent’s name rather than by personal representative December 04, 2019

On November 27, 2019, in Phillip Morris USA Inc. v. Freeman, No. 1D18-2070, the Florida First DCA reversed a trial court ruling that ...

Florida First DCA rules that slip and fall plaintiff’s amended complaint was not barred by statute of limitations; relation back doctrine applied because defendant had notice of plaintiff’s claims November 25, 2019

On October 1, 2019, in Mitchell v. Applebee’s Services, Inc., No. 1D18-2555, the Florida First DCA reversed a trial court ruling dismissing a slip and fall ...

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 June 12, 2019

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 ...

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 April 15, 2019

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 ...

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 July 17, 2018

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 ...

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. November 8, 2017

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 ...

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 June 27, 2017

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, ...

Florida Fourth DCA reverses trial court's dismissal of complaint in personal injury lawsuit on statute of limitations grounds March 31, 2017

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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